HISTORY AND GOVERNMENT 
OF MISSOURI 



MUIR 





Class 

Book_.L_ 
Copyright^ - 



COPYRIGHT DEPOSIT. 



HISTORY 

AND GOVERNMENT 

OF MISSOURI 



BY 



JERE T. MUIR, LL.D. 

FORMERLY VICE PRESIDENT oV THE STATE NORMAL SCHOOL 
KIRKSVILLE, MISSOURI 



GINN & COMPANY 

BOSTON • NEW YORK • CHICAGO • LONDON 



LIBRARY of CONGRESS 
Two Copies Received 

DEC 3 1908 

Copyncnt Entry _ 



Copyright, 1908 
By GINN & COMPANY 



ALL RIGHTS RESERVEI 
88.11 



SEftt atdtngnm jgresg 

GINN & COMPANY. PRO- 
PRIETORS • BOSTON ■ U.S.A. 



PREFACE 

The following chapters aim to give in reasonable compass 
the essential facts in the history and government of the 
state of Missouri. The author is fully aware that much of 
interest in the history of the state has been omitted and 
that many of the details of the state and local government 
have not been described. He has constantly kept in mind, 
however, the needs of those for whom this work is written, 
and also the limited amount of time in the public school 
curriculum that can be allotted to Missouri history and 
civics, and it is his hope that the book will fill its place 
acceptably in the work of the seventh and eighth grades 
or in the first year of the high school. 

The real teacher will not be satisfied with the necessarily 
brief discussions in the text, but will seek all available ma- 
terial with which to vitalize the subject and increase the 
interest of the pupils. Throughout the work the teacher 
should appeal as often as possible to the actual knowledge 
and experience of the class. In the confirmation or illus- 
tration of the various topics this appeal will always prove 
to be very stimulating and the results in most instances 
will be quite satisfactory. The work will be much better, 
too, if the teacher has access to a few books which really 



iv PREFACE 

supplement the text. The following list of books will make 
a very good reference list for this purpose. 

Carr, Lucien, Missouri : a Bone of Contention. American Com- 
monwealth Series. 

Official Manual of the State of Missouri. Compiled and published 
by the Secretary of State. 

Constitution of the State of Missouri, with all Amendments to igoj. 
Compiled and published by Sam B. Cook, Secretary of State. 

Though the question .whether state or local government 
should be studied first does not seem to the writer a nec- 
essarily vital one, still it is believed that the order here 
followed is the natural and logical one and the soundest 
pedagogically. It is also the writer's view that any list of 
questions finds its chief usefulness in suggesting the atti- 
tude to be taken toward the text. They should never be 
followed slavishly or to the exclusion of spontaneous class- 
room discussion. 

J. T. M. 



CONTENTS 

PART I. HISTORY OF MISSOURI 

Chapter p AGE 

I. Exploration and Settlement 3 

II. The Territorial Period 10 

III. The Development of the Commonwealth . . 15 

IV. The Civil War and Reconstruction .... 26 
V. The New Era in Missouri ........ 31 



PART II. GOVERNMENT OF MISSOURI 

VI. The State and its Constitution 41 

VII. The Legislative Department 46 

VIII. How Laws are Made 51 

IX. Executive Department 56 

X. Judicial Department 64 

XI. County and Township Government 70 

XII. Cities, Towns, and Villages 78 

XIII. The Public School System 85 

XIV. Elections and Citizenship 92 

XV. Taxation and Revenue 99 

XVI. Care and Maintenance of Highways .... 104 

XVII. Land Surveys 11 1 

XVIII. The State Institutions 116 

V 



Vl CONTENTS 

APPENDIXES 

Page 

A. List of Important Dates 123 

B. The Governors of Missouri 124 

C. Battles of the Civil War in Missouri 125 

D. Outline of the Constitution of Missouri .... 126 

E. Senatorial Districts 141 

F. Congressional Districts 143 

G. Judicial Circuits 144 

INDEX 147 



PART I 
HISTORY OF MISSOURI 



CHAPTER I 

EXPLORATION AND SETTLEMENT 

Ponce de Leon, a Spanish adventurer, may be regarded 
as the forerunner of those explorers — both Spanish and 
French — whose labors first made known the interior of 
the American continent. As early as 1 5 1 2 he fitted out 
three ships in the island of Porto Rico and sailed from 
there for the mainland. He landed on the eastern coast of 
Florida on Easter Sunday, and as this day was called by 
the Spaniards Pascua de Flores (Holy Day of Flowers), the 
country thus discovered was given the name of Florida. 
This expedition did not affect the history of Missouri except 
in so far as his glowing accounts of the American main- 
land influenced other explorers to carry on the work thus 
pointed out. 

Among those probably influenced by these exaggerated 
reports was Hernando de Soto, — a soldier of fortune who 
had been with Pizarro in the conquest of Peru. Having 
obtained from Emperor Charles V a commission to take 
possession of Florida, he sailed from Spain with a fleet of 
nine ships and six or seven hundred men. He touched at 
the island of Cuba — the original center of Spanish activity 
in the New World — and then proceeded to the mainland, 
landing in Tampa bay, Florida, in 1 5 39. For two years he 
marched through the country to the westward and northward, 
and on April 25, 1 541, he probably reached the Mississippi 
river a few miles below the present site of Memphis, Ten- 
nessee. Though his movements are very uncertain, it is 

3 



4 HISTORY OF MISSOURI 

thought that he crossed the Mississippi after a brief delay 
and pushed his way northward as far as the present town of 
New Madrid, Missouri. If this be true, De Soto was the first 
white man to reach the territory now comprised within the 
state of Missouri. On the return march in 1542 he died, 
and was buried in the great river that he had discovered. 

For a hundred and thirty years after the death of De 
Soto there was no further exploration of the Mississippi 
valley. After this long interval the work was again taken 
up, but this time its leaders were the French from the 
north and not the Spaniards from the south, and it is 
largely to them that the credit belongs for the exploration 
and colonization of the interior of the continent. Many 
Frenchmen, inspired with the desire for gain, the love of 
adventure, or other motives, had settled in Canada along 
the St. Lawrence and the Great Lakes. From this colony 
as a base of operations the French missionaries and traders 
journeyed to the west and south, and perhaps these explor- 
ing expeditions are as interesting and dramatic as anything 
in American history. 

The earliest of these expeditions was in 1673. In that 
year Father Marquette, a Jesuit missionary, and Louis 
Joliet, a fur trader, set out to find the great river to the 
west, of which they had heard so much from the Indians. 
They went through lakes Huron and Michigan to Green 
Bay, and thence up the Fox river and across the portage to 
the head waters of the Wisconsin. For a week they floated 
down this river, and finally, on June 17, 1763, they reached 
the Mississippi, which Father Marquette called the Concep- 
tion. They descended the Mississippi as far as the mouth 
of the Arkansas river, and then, satisfied that the great river 
really emptied into the gulf of Mexico, they returned to 
Canada to give an account of their discoveries. 



EXPLORATION AND SETTLEMENT 5 

A few years later La Salle sought to secure the Miss- 
issippi region for France. In the Illinois valley he built 
a fort (Crevecceur) near the present site of Peona, and 
from here sent part of his men under Father Hennepin to 
explore the upper Mississippi. It was not until a third 
"tempt that La Salle succeeded in exploring the lower 
Ssippi. He reached the mouth of the river m AprJ 
,68- and at once took formal possession of the whole 
region drained by this stream and its tributaries. In honor 
of°his king, Louis XIV, he named the territory Louisiana. 
Somewhat later La Salle made an attempt to fortify the 
mouth of the Mississippi and to hold the valley agamst 
the enemies of France. But his fleet sailed beyond the 
mouth of the river and landed on the coast of Texas. Dis- 
s nsions arose, La Salle was murdered (.687) by one of h, 
men and the movement resulted in failure. The work of 
Z explorer, however, deserves a worthy place m the his- 
o y of American discovery and colonization. And, besides 
hisWy was actually followed by the French through the 
founding of Mobile in .702 and of New Orleans in 1718. 

From lower Louisiana the French sent expeditions into 
the territory of the later state of Missouri. In 1703 Iber- 
ville, the governor of Louisiana, ordered Le Sueur to march 
westward from Kaskaskia in search of the precious metals 
He reached the mouth of the Missouri river and ascended 
this stream as far as the mouth of the Kansas (Kaw) river. 
By reason of these explorations the French may have taken 
formal possession of the Missouri and its tributaries, but 
very little is in reality known regarding this expedition 

In 1719 the French authorities in New Orleans dis- 
patched Dutisne to explore the interior of Missour, He 
ascended the Mississippi until he reached the mouth of 
the Saline, about ten miles below the later town of Ste. 



6 HISTORY OF MISSOURI 

Genevieve. From this point his course is described as being 
northwesterly through a very rough region. He reached 
the Osage river, advanced to the prairie country to the 
westward, and finally, reaching the Missouri river, he pro- 
ceeded to take possession of the whole region in the name 
of his king. In the following year the Spaniards in the 
southwest fitted out an expedition for the purpose of driv- 
ing the French out of this territory, but the movement was 
a complete failure. One result, however, is seen in the at- 
tempt of the French to establish a post on an island in the 
Missouri river above the mouth of the Grand. Bourgmont 
built a fort here in 1724 and tried to bring about peace 
among the various Indian tribes, but in both respects his 
attempt was a failure. 

In the meantime Louis XIV, king of France, had en- 
couraged the settlement and development of New France. 
In 1712 he granted to Anthony Cruzat the monopoly of 
the Louisiana trade for a term of fifteen years. But after 
five years of fruitless effort Cruzat returned his commission 
to the crown. Under the Regency in France the financial 
situation had become very deplorable, and money was needed 
to pay even the current expenses of the government. At 
this time, consequently, was organized the Company of the 
West, with great power over the Louisiana territory. John 
Law, a- Scotchman, was at its head, and his schemes for a 
time promised great results. But the bubble soon burst, 
and in 1731 the charter of the company was surrendered 
to the crown. 

About the year 1730 two brothers, Francis and Jean 
Baptist Valle, came from France and settled in Fort 
Chartres, an important French post on the Illinois side of 
the Mississippi. They frequently crossed the river to trade 
with the Indians in Missouri, and, as they were favorably 



EXPLORATION AND SETTLEMENT 7 

impressed with the country, they finally concluded to estab- 
lish a trading post on the west side of the river. This 
settlement, Ste. Genevieve, founded in 1735, was the first 
permanent settlement in the state. The present town is 
about three miles from the old site, the removal being 
made necessary by the great flood of 1785. 

In this period, also, the mining industry was begun in 
the state. In 1720 Renault, the son of an iron founder 
in France, came to Fort Chartres with two hundred miners 
and five hundred negro slaves. In prospecting to the west 
of the Mississippi, near the site of St. Genevieve, Renault 
discovered large quantities of lead. It is believed that the 
La Motte mine, still in operation, was opened up by him. 
During their stay in Missouri these miners discovered a 
wonderful cavern with numerous passages, in which there 
were millions of pounds of lead ore. This cavern — called 
the Valle mine in honor of the founders of St. Genevieve 
— is still one of the richest lead-producing mines in Mis- 
souri. At that time, however, the industry was not further 
developed and the rich mines of southeastern Missouri 
were not reopened for a* hundred and fifty years. 

Near the close of the French and Indian War France 
ceded the whole Louisiana territory to Spain. The next 
year, however, that portion to the east of the Mississippi, 
with the exception of New Orleans, was ceded by France 
to Great Britain by the Peace of Paris (1763). For a time 
the cession to Spain was kept a secret for political reasons. 
A French merchant named Laclede obtained permission in 
1763 to trade with the Indians of Missouri. Coming from 
New Orleans, he pushed his way northward from Ste. Gene- 
vieve and, on February 15, 1764, established a trading post 
below the mouth of the Missouri. This settlement, destined 
to become so important, was called St. Louis in honor of 



8 



HISTORY OF MISSOURI 



the king of France. In the following year, when it became 
known that Fort Chartres had to be given up to the British, 
many of the French crossed to the west of the Mississippi 
and took up their residence at St. Louis. From that time 
on the new settlement grew rapidly, and was in reality the 
capital of upper Louisiana. 

From 1762 to 1800 a succession of Spanish governors 
ruled over the country west of the Mississippi. Their rule 
is said to have been a sort of mild and beneficent despotism. 
They got along well with the Indians. In 1780 an attempt 
of the British and their Indian allies upon the town of 
St. Louis was repulsed with some loss of life. On the 
whole, the country was prosperous and new settlements 
were rapidly established. 

The extent of this development is well shown by the 
census taken in 1800 by De Lassus, the last of the Spanish 
lieutenant governors for upper Louisiana. The entire popu- 
lation was given as something over six thousand, distributed 
among the various settlements as follows : 



Ste. Genevieve 
St. Louis . . 
St. Charles 
New Madrid . 
New Bourbon 
Cape Girardeau 



949 
925 

875 
782 
560 
521 



St. Andrew 393 

Marius des Laird . . . 376 

St. Ferdinand 276 

Carondelet 184 

Meramac 115 

Little Meadows .... 72 



Thus by the year 1800 we find the settlement and devel- 
opment of the upper Louisiana territory well under way. 
The introductory period of our history may be regarded as 
ended, and after the close of the period of Spanish rule we 
shall find events moving rapidly towards the formation of 
the state of Missouri. 



EXPLORATION AND SETTLEMENT 9 

QUESTIONS 

1. What was the influence of Ponce de Leon on later exploration ? 

2. Trace the march of De Soto. What important discovery did 
he make? Has he any connection with Missouri history? 

3. What nation really explored the Mississippi valley ? Look up 
a brief account of the French in Canada. 

4. What motives influenced the French explorers? What is the 
importance of the journey of Marquette and Joliet ? Can you trace 
their route ? 

5. What did La Salle accomplish? Look up his career. 

6. What is the importance of Le Sueur's expedition ? of that of 
Dutisne ? What was the first attempt at settlement in Missouri? 

7. What can you find out about the Company of the West (Miss- 
issippi Company) ? 

8. When and where was the first permanent settlement made in 
Missouri ? 

9. Give an account of the beginning of the mining industry. 

10. Why is the year 1 763 important in American history ? Explain 
the cessions of territory made in that year. Who got the territory that 
is now Missouri ? 

11. When and by whom was St. Louis founded? What influence 
led to its establishment ? 

12. What was the character of the period of Spanish rule ? What 
does the census of 1 800 show ? 



CHAPTER II 

THE TERRITORIAL PERIOD 

We have seen that in 1762 France had given to Spain 
the city of New Orleans and all of the Louisiana territory 
west of the Mississippi river. In 1800, under pressure 
from Napoleon Bonaparte, Spain again transferred this ter- 
ritory back to France. It was intended that this transfer 
should be kept secret, but it soon became known in both 
Europe and America. The United States at once began to 
protest against the French occupation, as it was felt that 
the free use of the Mississippi river was absolutely necessary 
to the development of Tennessee, Kentucky, and, in fact, 
the entire western portion of the country. These protests 
might have been of no avail had it not been for the renewal 
of hostile relations between France and Great Britain. 
These facts, together with Napoleon's need of money, led 
to the proposal to sell to the United States the whole 
Louisiana region. After some negotiation the United 
States readily accepted this proposition and agreed to 
pay $15,000,000. Thus, in 1803, the title to the territory 
passed to the United States, and as a result its area was 
more than doubled. 

It was further agreed that this territory should be incor- 
porated into the Union as soon as possible and be given 
all the rights and privileges belonging to the older states. 
The following states were included in this cession and in 
due time became integral parts of the federal Union : 
Louisiana, Arkansas, Missouri, Iowa, Nebraska, North 



THE TERRITORIAL PERIOD II 

and South Dakota, Montana, and parts of Minnesota, Wyo- 
ming, Colorado, Kansas, Oklahoma, and Texas. Missouri 
was the first of the states west of the Mississippi to be 
admitted, and, as we shall see, was destined to become the 
most important. 

The transfer of upper Louisiana to the United States 
was made at St. Louis on March 10, 1804. In the same 
year Congress divided the whole territory into two districts 
for judicial and administrative purposes, that portion north 
of the 33d parallel being called the District of Louisiana. 
It was attached at first to the Territory of Indiana, but in 
a short time it was granted separate officials and its title 
was changed to the Territory of Louisiana. In 181 2 the 
Territory of Missouri was organized and William Clark was 
appointed as its governor. Four years later Missouri was 
given more extensive rights of self-government and thus 
received training for statehood. 

From 1 8 16 to 1821 Missouri was a territory of the third 
and highest class. The governor was appointed by the 
President of the United States and possessed the power of 
absolute veto. In addition, there was a legislative council 
and a house of representatives. The territory was divided into 
five counties, namely, Ste. Genevieve, St. Louis, St. Charles, 
Cape Girardeau, and New Madrid. By the time of the 
admission of Missouri as a state the number of counties 
had increased to fifteen. Each of these counties elected 
members to the territorial house of representatives, and the 
entire territory sent a delegate to Congress. St. Louis was 
the capital. Here the territorial legislature met and passed 
the laws necessary for the regulation of the affairs of the 
territory. 

In the meantime the settlement of the territory was 
going on with considerable rapidity. As early as 1795 



12 HISTORY OF MISSOURI 

Daniel Boone came from Kentucky to Missouri in search 
of a new home and settled in what is now Warren county. 
He died at St. Charles in 1820. During the territorial 
period many immigrants came from Kentucky, Tennessee, 
and other southern states, a large part of whom settled in 
the central part of the state. In 1807 a settlement was 
made on Loutre island above St. Charles. Three years 
later a hundred or more families, mostly from Kentucky, 
settled at or near Franklin in Howard county, which 
became for a time the most important interior settlement 
in the state. In 181 3 several rude forts were built near 
the boundary line of Boone and Callaway counties in the 
Boone's Lick country, so called from the fact that two sons 
of Daniel Boone manufactured and shipped salt from this 
place to the settlements farther clown the river. These 
immigrants were of sturdy character and have left their 
impress upon the localities in which they settled. English- 
speaking settlers also poured into this new land west of the 
Mississippi from the region between the Great Lakes, the 
Ohio, and the Mississippi. In 18 12 the population of Mis- 
souri was probably 25,000; in 1821 it had increased to 
more than 70,000. This increase in population encouraged 
the legislatures of 181 8 and 18 19 to petition Congress for 
admission to the Union as a state. 

The story of the struggle over the admission of Missouri 
as a state is a long one and occupies an important place in 
the history of the nation. It marks the beginning of that 
serious sectional divergence over the question of slavery 
which was destined later to culminate in a civil war between 
the states. For two years and a half there was a bitter 
struggle in Congress over the question of admission, and 
even then it was settled by a compromise which promised 
ill for the future. 



THE TERRITORIAL PERIOD 13 

For years it had been the settled policy of Congress to 
maintain a balance of power between the free and the slave 
states. After the admission of Illinois in 18 18 there were 
eleven free states and ten slave states in the Union, but the 
speedy admission of Alabama restored the political equi- 
librium. This was the situation when Missouri applied for 
admission presumably as a slave state and thus threatened 
to give the South the preponderance. The petition of Mis- 
souri was favorably reported, but an amendment was pro- 
posed by Tallmadge of New York prohibiting the extension 
of slavery into the proposed state. After a long struggle 
the application of Maine for admission as a state in 18 19 
made possible a compromise. This compromise, known 
as the first Missouri Compromise, provided for the admis- 
sion of Maine as a free state and left Missouri free to decide 
for slavery. It was further agreed that slavery should be 
prohibited in all other territory of the United States north 
of the southern boundary of Missouri. 

The struggle, however, was not yet ended. The state 
constitutional convention met at St. Louis in 1820 and 
framed a constitution which permitted slavery. But one 
provision of this constitution declaring for the exclusion of 
free negroes from the state aroused the North and resulted 
in a second deadlock in Congress. It was only after the 
arrangement of a second compromise measure that Missouri 
was finally admitted as a state. The terms of the agree- 
ment were that Missouri should be admitted, provided the 
legislature of the state passed a solemn act that the objec- 
tionable clause should never be construed as denying con- 
stitutional privileges and immunities to the citizens of any 
state. This act was passed, and on August 10, 1821, Pres- 
ident Monroe issued a proclamation declaring the admission 
of Missouri as a state into the federal Union. 



14 HISTORY OF MISSOURI 

QUESTIONS 

1. What change in the ownership of Louisiana territory in 1800? 
Why did the United States protest ? 

2. Why did Napoleon sell Louisiana? What is the date of the 
Louisiana purchase ? By reference to the map show how much terri- 
tory was added to the United States. 

3. What provision was made for the government of the new terri- 
tory? What change in 181 2? in 18 16? 

4. Explain how a territory of the highest class is governed. What 
was the territorial capital of Missouri ? 

5. What was the nationality of the new immigrants to Missouri? 
In what portions of the state did they settle ? Compare the population 
in 1 81 2 and 1821. 

6. Why is the struggle for the admission of Missouri important? 
What is meant by the balance of power between free and slave states ? 
What was the situation in 1818? in 1819? What were the terms of 
the first Missouri Compromise ? 

7. Why did Congress object to the new state constitution ? How 
was the controversy finally settled ? When did Missouri become a 
state ? 



CHAPTER III 

* THE DEVELOPMENT OF THE COMMONWEALTH 

In 1820, at the time of the adoption of the proposed state 
constitution, the people of Missouri were also called upon 
to elect their state officials, and thus set in motion the 
machinery of the new government. Alexander McNair was 
elected as the first governor and William H. Ashley was 
chosen as lieutenant governor. The other more important 
state officials held office through appointment, until, later, 
the constitution was so amended as to make these positions 
elective. In September of the same year the legislature 
met in St. Louis to elect the two United States senators 
from Missouri. David Barton was elected without opposi- 
tion, but there was an extremely bitter contest over the 
other place. Finally, Thomas H. Benton was chosen by a 
majority of one vote. Barton served in the Senate for twelve 
years. Benton served for thirty years, and came to be re- 
garded as one of the strongest men at the national capital. 
It should be noted that the state government was actually 
in existence for a year before the state was formally ad- 
mitted to the Union. 

St. Louis was the first capital of the state, but on account 
of the settlements in the interior it proved to be somewhat 
inconvenient as a meeting place. In 1821 the capital was 
therefore changed to St. Charles. But as this place was 
open to the same objection as St. Louis, the legislature 
finally decided to choose a new location that would be ac- 
cessible from all parts of the state. Accordingly, in 1822, 



1 6 HISTORY OF MISSOURI 

commissioners were appointed to select the site. The con- 
stitution provided that it should be on the Missouri river 
within forty miles of the mouth of the Osage, and thus 
the commissioners decided upon the bluff overlooking the 
Missouri river, where the capitol now stands. The place 
was called Jefferson City in honor of Thomas Jefferson, 
the third President of the United States, during whose 
administration the Louisiana Purchase was made. The cap- 
itol was destroyed by fire in 1837, and in the following 
year the older portion of the present building was erected. 
In 1896 the people of the state voted down an amendment 
to change the capital of the state to Sedalia. 

When Missouri was admitted as a state the northern 
portion was inhabited by the Indians. In 1824 White 
Cloud and other prominent chiefs went to Washington and 
made a treaty in which they agreed to give up all their 
lands in Missouri. The consideration was an annuity of 
five hundred dollars for ten years. The land thus acquired 
is said to have amounted to something like two million 
acres. The Indians moved westward into the region now 
comprising the northwestern part of the state. 

At that time the western boundary of Missouri was a 
line running due north from Kansas City to the Iowa line. 
The triangular strip of territory between this line and the 
Missouri river was a very fertile region and was much 
desired by the Missourians. A treaty was made with the 
Indians in which they agreed to sell the territory and to 
move further west into the later state of Kansas. Sen- 
ators Benton and Linn succeeded in getting an act passed 
through Congress in 1836 which added this valuable terri- 
tory to the state of Missouri. This region — known as the 
Platte purchase — comprises the counties of Andrew, Atch- 
ison, Buchanan, Holt, Nodaway, and Platte. The fact that 



DEVELOPMENT OF THE COMMONWEALTH 17 

this acquisition was in violation of the Missouri Compro- 
mise does not seem to have aroused any controversy. 

As we have seen, Missouri entered the Union as a slave 
state in 1821. But here, as in various other states, there 
arose a strong sentiment in favor of the gradual abolition 
of slavery. Many of the prominent leaders of the state 
favored some plans proposed in 1828, and it is said there 
was a fair chance of their success. But just at this time 
stories were published which declared that a New York 
abolitionist had entertained some negroes in his home, and 
whether true or not this report made it impossible to carry 
out the proposed plans. Somewhat later the feeling of the 
people regarding the question of abolition is revealed by 
the treatment of E. P. Lovejoy at St. Louis. In 1833 he 
began the publication of a newspaper at that place, and his 
violent language on the slavery question aroused great oppo- 
sition. After considerable trouble with the people of St. 
Louis he decided that it was unsafe to remain there, and 
so he moved to Alton, Illinois, which was in free territory. 
Here his office was later destroyed, and Lovejoy himself 
was killed. 

Between 183 1 and 1840 there was serious trouble with 
the Mormons who were attempting to settle in the state. 
Joseph Smith, their leader, came to Independence, in Jack- 
son county, in 183 1, entered several thousand acres of land, 
and announced the building of a holy city for his followers. 
A newspaper was published by them in the following year, 
and as it promised great things for the Mormons and vio- 
lently denounced all Gentiles, the result was a strong spirit 
of hatred between the two classes, which soon led to open 
conflict and the expulsion of the Mormons from Jackson 
county. In 1833 they were driven across the Missouri 
river into Clay, Carroll, Ray, Daviess, and Caldwell counties. 



1 8 HISTORY OF MISSOURI 

In Caldwell county they laid out a town called Far West, 
and in 1837 began the erection of a great temple. Here 
they were joined by many converts to the new faith, espe- 
cially from the eastern states. 

Though many of these people were enthusiastic and in- 
dustrious and did much to develop their lands, still many 
causes of conflict arose between them and their Gentile 
neighbors. The chief objection was perhaps due to the 
acts of the more lawless element among them. Soon serious 
conflicts arose, as at Dewitt in Carroll county and else- 
where, and finally Governor Boggs called out the state 
militia to enforce the laws against them. After a skirmish 
at Haughn's Mill, in which eighteen of the Mormons were 
killed, they surrendered to the authorities and were com- 
pelled to leave the state. Their leaders were held for trial, 
but were acquitted in 1840. From Missouri the Mormons 
went to Illinois, but continued trouble with the Gentiles 
led to their final removal to Utah. 

In 1839 trouble arose between Missouri and Iowa over 
the boundary line between the two states. Instead of trying 
to settle the matter peaceably, both governors called out 
the militia to enforce their authority in the disputed strip 
of territory. For some time the opposing armies, "consisting 
of two or three thousand men each, confronted each other 
and a battle seemed imminent. Finally, however, both sides 
were induced to permit the national government to deter- 
mine the boundary. Thus, in 1840, Congress established 
the northern boundary line of Missouri as, with some slight 
changes, it still exists. By this decision each state received 
a portion of the disputed territory. 

Turning now from purely local affairs, we should next 
notice several matters of both state and national interest 
and importance. Political parties in Missouri had taken 



DEVELOPMENT OF THE COMMONWEALTH 19 

somewhat definite shape in the election of 1828, and there 
was a contest between the friends of Adams and of Jackson 
for the control of the state, in which the Jackson electors 
won. In 1837 there was a severe business depression or 
panic throughout the country, and these "hard times" be- 
came a prominent issue in the campaign of 1840. The 
Whigs held Jackson responsible because of his refusal to 
permit the continuance of the United States Bank, while 
the Democrats tried to show that the panic was due to 
other causes, especially extravagance and speculation. The 
former nominated General William Henry Harrison, the 
latter chose Martin Van Buren as their candidate. In Mis- 
souri, as elsewhere, the campaign was a stirring one, with 
its meetings, its parades, and its great enthusiasm. The 
state voted in favor of Van Buren, but his opponent was 
elected President. 

In the campaign of 1844 the question of the admission 
of Texas into the Union had come to be the chief politi- 
cal issue. This was a question in which Missourians were 
deeply interested, and in the election that followed they 
gave a decided majority in favor of the policy of annexation. 
In 1845 Texas was admitted, and the inevitable result was 
a war with Mexico. In the struggle between the two coun- 
tries Missourians played a prominent part, as is shown by 
the work of Kearney, Doniphan, and Price, and the volun- 
teer troops of the state. 

Upon the outbreak of hostilities in 1846 Governor Ed- 
wards issued a call for volunteers to join the "Army of the 
West," which was to attack New Mexico and California. 
Under General Kearney these troops, mostly Missourians, 
set out from Fort Leavenworth for Santa Fe, and marching 
by way of the famous Santa Fe trail, they reached that 
town in fifty days or less. The place was captured without 



20 HISTORY OF MISSOURI 

a struggle, and General Kearney by proclamation annexed 
the whole region to the United States and proceeded to 
organize its government as that of an American province. 
He then proceeded to the invasion of California. 

From Santa Fe Colonel Doniphan was sent into northern 
Mexico. He won the victories of Brazito and Sacramento 
Pass, and finally got possession of the city of Chihuahua, 
the objective point of his campaign. They finally reached 
the mouth of the Rio Grande, and from here they returned 
home by way of New Orleans. In the meantime Colonel 
Sterling Price, who had come to Santa Fe with a thousand 
reinforcements from Missouri, had to meet a determined 
revolt of the Mexicans in that province, and it was only 
after a number of severe encounters that he was able to 
put down the movement. It was thus through the services 
of the Missourians that the United States was able to assert 
so successfully its claim to this southwestern territory. In 
1848 the Treaty of Guadalupe-Hidalgo confirmed the title 
of the United States to the whole region of New Mexico 
and California. 

The addition of* this territory again brought into promi- 
nence the question of the extension of slavery. New Mexico 
and a part of California were to the south of the south- 
ern boundary of Missouri (36 30'), and thus it was claimed 
that they were open to slavery. On the other hand, it was 
pointed out that slavery had been, by Mexican law, abolished 
throughout this territory. What, then, should be the policy 
of Congress in regard to this question ? The people of Mis- 
souri were divided in opinion, but there was a strong feeling 
that the question should be left for decision to the territories 
themselves. 

This feeling received definite expression in the Jackson 
Resolutions of 1849, which passed both houses of the state 



DEVELOPMENT OF THE COMMONWEALTH 2 I 

legislature by large majorities. These resolutions declared 
(1) that Congress had no power to legislate on the question 
of slavery ; (2) that the citizens of any state should be free 
to enter any territory with their property (slaves); (3) that 
the conduct of the northern states had really broken the 
Missouri Compromise, but that for the sake of harmony and 
union the application of its principles to the new territories 
would still be sanctioned ; (4) that the right to prohibit 
slavery in any territory belongs exclusively to the people 
of that territory ; and (5) that if Congress should violate 
these principles, Missouri would be found cooperating with 
the slaveholding states for their mutual protection against 
northern fanaticism. The final resolution instructed the 
two senators from Missouri to act in harmony with these 
principles. 

Senator Benton refused to abide by the instructions of 
the legislature and appealed to the people. At heart Benton 
was opposed to slavery, regarding it as an "incurable evil " 
that should not be extended. He claimed that the Jackson 
Resolutions really aimed at disunion and secession and did 
not reflect the sentiment of the state. Furthermore he 
repudiated the doctrine that slavery was a matter for each 
territory to decide for itself. The result was the division of 
the Democratic party into two factions, the defeat of Benton 
for reelection to the Senate, and the election of a Whig as 
his successor. Thus, in 185 1, Senator Benton terminated 
an eventful career of thirty years as senator from Missouri 
and leader of the Democratic party in the state. 

The controversy over slavery became still more intense 
in 1 854, when it was proposed to form out of the unorganized 
portion of the Louisiana Purchase the two territories of 
Kansas and Nebraska. The Kansas-Nebraska Bill, intro- 
duced by Senator Douglas of Illinois, applied to these 



2 2 HISTORY OF MISSOURI 

territories the principle of "squatter sovereignty," that is, 
the right of the people to decide for themselves upon the 
troublesome slavery question. As this was practically a 
repeal of the Missouri Compromise, it aroused a storm of 
opposition and led to one of the most excited debates ever 
held in Congress. The bill was passed, however, and thus 
opened up a new region to be contended for by the free 
soilers and the slaveholders. 

As it was admitted that Nebraska would be a free-soil 
state, the contest was waged over the control of Kansas. 
In this struggle the Missourians took a very prominent part, 
and great numbers of them moved into the territory of 
Kansas, either permanently or merely to help carry the 
elections for the proslavery side. At first this side had 
the advantage and got control of the territorial govern- 
ment, but soon the free-soil party gained the upper 
hand and finally organized the territory in accord with 
their principles. But this was accomplished only after 
a period of actual civil war in Kansas and along the 
Missouri border. 

This warfare lasted for several years and was marked 
by many violent encounters and much lawlessness and 
crime, and, of course, engendered the bitterest animosities. 
The free-soil partisans were called " Jayhawkers," and the 
Missourians were spoken of as " Border Ruffians." In these 
contests the abolitionist John Brown and his five sons soon 
became notorious. This disgraceful warfare continued until 
the beginning of the Civil War, when it was merged into 
that much greater struggle. 

During the course of this struggle over Kansas the 
Supreme Court of the United States rendered its decision 
in the famous Dred Scott case. Dred Scott, a negro slave, 
sued in the court at St. Louis for his freedom on account 



DEVELOPMENT OF THE COMMONWEALTH 23 

of his residence in " free territory " for a number of years. 
The St. Louis court decided in his favor, the state supreme 
court reversed this decision, and finally, in 1857, the case 
was decided by the Supreme Court of the United States. 
In the course of this decision it was declared that the Mis- 
souri Compromise act was unconstitutional and therefore 
null and void. This decision created great alarm among 
the opponents of slavery, as it practically opened all the 
states and territories to the extension of that system. The 
questions in dispute, however, were destined to be settled 
only by the ultimate appeal to arms. 

In spite of all these years of political strife the state of 
Missouri was enjoying a period of prosperity and of rapid 
material development. As early as 1836 a convention had 
been called to consider the question of railroad building. It 
was in 1849, however, that the legislature authorized the 
construction of the Missouri Pacific railroad from St. Louis 
to the western border of the state. The actual construction 
was begun shortly afterwards. In quick succession various 
other roads were now authorized and aided by the state ; 
the St. Louis and San Francisco, the Iron Mountain, the 
North Missouri (Wabash), and the Hannibal and St. Joseph, 
were begun. By 1855 tne Missouri Pacific had been built 
westward as far as the state capital, and the Hannibal and 
St. Joseph extended to the western border, but it was some 
time before there was another road across the entire state. 
The state issued for these roads nearly $24,000,000 in 
bonds and gave almost 2,000,000 acres of land. These 
various lines did not at first prove very profitable and, on 
their failure to pay even the interest on the bonds, the 
state found itself heavily in debt. The railroads, however, 
were undoubtedly one of the greatest factors in the de- 
velopment of the commonwealth. 



24 HISTORY OF MISSOURI 

In the period from 1820 to i860 Missouri had greatly 
increased in wealth and population. In 1 860 the farms of the 
state were estimated to be worth more than $230,000,000. 
Though the agricultural interests still predominated, the 
growth of commerce and manufactures is worthy of men- 
tion. In 1820 the population was over 66,000, in 1850 it 
was 682,000, and in i860 it had increased to 1,182,000. 
During the last decade before the Civil War the increase 
was over seventy-three per cent, and Missouri advanced in 
rank among the states from the thirteenth to the eighth. 
By the time of the outbreak of the war Missouri was with- 
out doubt the most important southern state. 

This progress is also revealed in educational lines. Pre- 
vious to the middle of the century the school system was 
somewhat backward and not very well supported financially, 
except in the more favored localities. The growth in wealth 
and population made higher standards desirable, and in 
1853 the legislature took a great step in advance when it 
declared that at least twenty-five per cent of the revenue 
of the state should be set apart for the public school fund. 
This plan was generally followed in the succeeding years, 
and in 1875 it became a part of the fundamental law of 
the state. 

During this period we should also note the founding of 
a state university, or "seminary of learning" as it was at 
first called. This institution was established by the legis- 
lature in 1839. The commissioners decided upon Columbia, 
in Boone county, as the best location. On July 4, 1840, 
the corner stone was laid, and the following year the actual 
work of instruction was begun. It was many years, how- 
ever, before the state university received actual support 
from the state. 



DEVELOPMENT OF THE COMMONWEALTH 25 

QUESTIONS 

1. What measures were taken to start the machinery of state gov- 
ernment ? Look up an account of the contest for United States senator. 

2. What arrangements were made regarding the state capital ? 
Do you consider the name an appropriate one ? 

3. By what means were the Indians removed from Missouri? 
How did Missouri acquire the Platte purchase ? Point out this region 
on the map. Why was this acquisition a violation of the Missouri 
Compromise ? 

4. Give proof that there was a sentiment in favor of the abolition 
of slavery. What does the Lovejoy incident show ? 

5. What were the causes of trouble with the Mormons? What 
was the result? 

6. How was the Iowa boundary dispute settled ? 

7. What was the result in Missouri of the campaign of 1828 ? of 
1840? How did the "hard times" affect the latter campaign? 

8. What was the chief issue in the campaign of 1844? Why 
should Missouri be so interested in Texas ? What was the cause of 
the war with Mexico ? 

9. Explain the part taken by Missourians in the Mexican War. 
What were the terms of peace ? 

10. Why did the slavery question again appear? What was the 
attitude of Missouri ? 

11. What were the Jackson Resolutions ? Discuss each resolution. 

12. Why did Benton oppose these resolutions? What were the 
results of his opposition ? 

13. What was the Kansas-Nebraska Bill? Why was it so bitterly 
opposed ? What was the result of its passage ? 

14. Give an account of the struggle for Kansas. Which side won? 
Why? 

15. What was the Dred Scott decision? How did the decision 
open all the states to slavery ? 

16. Why is the railroad convention of 1836 significant? What 
policy towards railroad building did the state adopt? Do you think 
this policy a good one, judging by its results ? 

17. What were the chief industries previous to i860 ? Give figures 
to show the increase of population from 1820 to i860. 

18. What was done to improve the public school system ? When 
was the state university established ? 



CHAPTER IV 

THE CIVIL WAR AND RECONSTRUCTION 

By i860 political conditions in Missouri as well as in the 
nation were more or less uncertain. Id state politics in 
I - 5 - the Democrats had won over the opposition candidate 
by a very small majority. In i860 the Democratic party 
was hopelessly divided, and this reacted on the state ; the 
southern Democrats nominated John C. Breckenridge and 
denied the power of Congress to restrict slavery ; the north- 
ern Democrats nominated Stephen A. Douglas and upheld 
his doctrine of "squatter sovereignty." Abraham Lincoln 
was the candidate of the Republican party upon a platform 
opposed to the extension of slavery. A fourth party, called 
the Constitutional Unionists, practically ignored the exist- 
ence of the slavery issue. 

The vote of Missouri perhaps fairly shows the situation 
in the state : Lincoln received 17,028 votes ; Breckenridge, 
31,317; Bell (Constitutional L'nionist), 58,372 ; and Douglas, 
58,801. The largest vote was given to the more conserva- 
tive candidates. Claiborne F. Jackson, a Democrat, was 
elected governor of the state. In the legislature the Breck- 
enridge Democrats were the most numerous, but they did 
not have a majority. The Republican party succeeded in 
electing its candidate to the presidency of the United States. 

The state legislature met on December 31, i860, and 
upon the recommendation of the governor soon decided to 
call a constitutional convention to consider the relation of 
Missouri to the other states and to the government of the 

26 



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28 HISTORY OF MISSOURI 

latter were compelled to withdraw to the southwest, to- 
gether with the state officials. Thus the Civil War began 
in Missouri. 

A short time afterwards the convention was reassembled 
at St. Louis and arbitrarily selected new state officials who 
were in favor of the Union. They represented the prevail- 
ing sentiment of the state, however, and gave to Missouri 
an organized government in a very turbulent period. This 
action of the convention was disregarded by Governor Jack- 
son. He called the legislature together at Neosho, and that 
body passed an ordinance of secession and sent represent- 
atives to the Confederate Congress. This action, also, was 
not submitted to the people for their ratification. The con- 
vention, however, continued to govern Missouri and was 
not dissolved until 1863. 

It is unnecessary to follow the struggle in Missouri dur- 
ing the four long years of warfare. By 1862 the Confed- 
erates were practically driven out of the state, though a 
a severe guerrilla warfare was kept up in various localities, 
which resulted in great suffering and loss to the people. 
It is this local warfare with its bitterness and its array of 
neighbor against neighbor that has given to this period such 
a terrible name in our history. As a border state, however, 
Missouri was destined to suffer much. Finally, with the 
surrender of Robert E. Lee, the long war was ended and 
the soldiers of both sides laid down their arms. 

In November, 1864, it was decided to hold a constitu- 
tional convention in order to embody in the fundamental 
law of the state the results of the Civil War. This conven- 
tion met at St. Louis early in 1865 and drafted a new 
constitution for the state, which abolished slavery. This 
document contained many admirable features, but as the 
radical element was in control, certain provisions of a very 



THE CIVIL WAR AND RECONSTRUCTION 29 

drastic character were inserted. Most objectionable was 
the "ironclad" oath required of state officials and certain 
professional classes. " No person shall ever vote at any 
election, hold any office, be a director or officer of any cor- 
poration, practice law, preach the gospel, or teach in any 
school, who has ever been in rebellion or aided those so 
engaged, or manifested his desire for the defeat of the 
Union cause, or his sympathy with those opposed to the 
same by either act or word." Violations of this provision 
were to be punished by fine and imprisonment. 

When this constitution was submitted to the people in 
1865 for ratification, only those who would be qualified 
voters under the constitution, if adopted, were given the 
right to vote on the question of its adoption. Thus those 
who aided or sympathized with the South took no part in 
the election. But the conservative element among the 
Unionists fought bitterly against the adoption of this con- 
stitution. Frank P. Blair canvassed the state against its 
adoption, and on account of threats against his life he often 
spoke with his revolver lying before him. However, the 
vote was 43,670 to 41,808 in favor of the constitution. The 
vote was very small on account of the fact that so many 
were disfranchised. Blair himself was not permitted to vote 
unless he would take the test oath. This he refused to do, 
and brought suit against the judges of election. The Su- 
preme Court of the United States soon decided in a similar 
case that the oath was unconstitutional. 

By other means, however, the radical element was able 
to control the state until 1870. In that year the fifteenth 
amendment to the Constitution of the United States was 
adopted by Missouri. In that year also the Republican 
party became divided on the question of the repeal of 
the test oath. B. Gratz Brown, a cousin of Blair, was the 



30 HISTORY OF MISSOURI 

candidate for governor of the more moderate or liberal wing, 
and Joseph W. McClurg was the nominee of the radical 
element. The former was elected by a majority of over 
forty thousand votes, and the amendments were adopted 
which abolished all restrictions on the franchise. This 
result was due primarily to the fact that the Democrats did 
not put a candidate in the field, but gave their support to 
the liberal Republican candidate. Two years later this coali- 
tion carried Missouri in the presidential election. In 1876 
the Democrats regained their supremacy in the state — a 
supremacy which they have maintained to the present time. 
Further dissatisfaction with the constitution of 1865 led, 
ten years later, to the adoption of another constitution, 
that of 1875, and this document it is that we are to study 
and analyze in the second part of the present work. 

QUESTIONS 

1. Explain the political situation in i860. What was the attitude 
of each party towards slavery ? 

2. What does the vote of Missouri show ? Who was elected 
President? 

3. What was the purpose of the constitutional convention?. What 
policy did it favor? 

4. What was the policy of Blair and Lyon? What was the result 
of the attack on Camp Jackson ? 

5. What action was taken by the convention? by Governor Jack- 
son and the legislature ? Do you justify these proceedings ? 

6. What was the character of the Civil War in Missouri ? Why 
should a border state suffer most? How many battles were fought in 
Missouri ? (See Appendix C.) Can you describe any of them ? 

7. What was the need of a constitutional convention in 1865? 
Give some of the provisions of the new constitution. Discuss the 
campaign for its adoption. Why was the test oath unconstitutional ? 

8. What is the importance of the fifteenth amendment to the Con- 
stitution ? Explain the split in the Republican party and its result. 



CHAPTER V 

THE NEW ERA IN MISSOURI 

After the close of the Civil War the recovery of the 
state from the effects of that great struggle was very rapid, 
and especially is this true on the side of economic develop- 
ment. In fact, since the end of the period of reconstruction 
the history of Missouri is largely a record of the develop- 
ment of its vast material resources and the consequent 
increase in wealth and population. The present chapter, 
therefore, will be concerned with the economic rather than 
the political history of Missouri, and will discuss such topics 
as (i) the area and population of the state, (2) agriculture, 
(3) mining, (4) manufacture, (5) commerce, and (6) trans- 
portation. 

Missouri is centrally located, somewhat to the east of the 
actual geographical center of the United States. It has an 
area of 69,415 square miles, and is a little larger than all 
of the New England states combined. According to the 
census of 1900, its population is 3,106,665, an increase of 
sixteen per cent over that of 1890. In 1870 the population 
was 1,719,978, in 1880 it was 2,168,380, and in 1890 it 
had increased to 2,679,184. Since 1870 Missouri has 
ranked fifth in population among the states of the Union. 
The foreign-born element numbers 216,369, most of whom 
are German, Irish, and English. The number of negroes 
in the state is 161,234. The average density of population 
is 45.2 to the square mile. About 65.1 per cent of the 
people live in the country, while the remaining 34.9 per 

31 



32 HISTORY OF MISSOURI 

cent are in the towns and cities. There are in the state 
three cities of more than 100,000 inhabitants, of which one, 
St. Louis, ranks as fourth in size in the Union. 

To-day, as in the past, agriculture is the chief occupation 
in the state. In 1900 there were nearly 285,000 farms 
with an area of almost 34,000,000 acres, of which about 
23,000,000 acres represent actually improved land. The 
cereals form the chief crops ; corn is the most important, 
and wheat is perhaps next in value. Other crops are hay, 
oats, rye, barley, buckwheat, cotton, flax, tobacco, and the 
various garden products. South of the Missouri river the 
people in the Ozark region turn their attention to fruit 
growing. Missouri produces more apples and peaches than 
any other state, and the fruit crop in a good year is perhaps 
worth close to $30,000,000. 

It has been estimated that one fourth of the value of 
every farm in Missouri is invested in live stock. The 
climate is favorable to this industry, and more than half the 
stock is fattened without shelter. There are probably as 
many as 175,000 stock farms in the state, more, perhaps, 
than in any other state in the Union. We may say also 
that the live-stock market is second to none ; St. Louis, 
Kansas City, and St. Joseph are all good and easily acces- 
sible markets. The farmers raise hogs, cattle, mules, horses, 
and sheep, and the total value of the live-stock industry in 
1903 was $200,000,000, greater than that of any other 
single industry in the state. 

Dairying and poultry raising should also be mentioned 
among the leading agricultural industries. There are in 
Missouri a considerable number of dairies, and it is a safe 
estimate to place the annual value of this industry at between 
$15,000,000 and $20,000,000. The poultry business, too, 
has developed to large proportions and really brings in a 



THE NEW ERA IN MISSOURI 33 

greater return to the farmers than is derived from the 
shipping of mules. The egg product alone amounts in value 
to about $15,000,000 annually, while the value of the 
poultry for the home and eastern market probably amounts 
to as much more. In this industry Missouri perhaps leads 
the Union. 

The mineral resources of Missouri are a very consider- 
able source of wealth. We have already noticed that lead 
was sought in the mines of southeastern Missouri even 
before there were any permanent settlements in the state, 
and to-day it is extensively mined in that region. St. Fran- 
cois county leads in its production, and perhaps eighty per 
cent of the total product of the state is mined in that and 
neighboring counties. It is in southeastern Missouri also 
that we find the great iron-producing counties, such as 
St. Frangois, Iron, Crawford, and Phelps counties. It is 
sometimes said that the state has enough of this metal to 
supply the world. The Iron Mountain and the Pilot Knob 
mines are famous. 

Though zinc is obtained in twenty counties, southwest- 
ern Missouri is the chief zinc-producing section of the 
state and one of the greatest in the world. There are two 
other zinc districts; one is southwest of St. Louis, and 
the other southwest of Jefferson City. Eighty per cent 
of the total product in the United States comes from 
these Missouri mines. It. should be noted in passing that 
none of these mines were opened until several years after 
the Civil War. 

There are coal fields underlying more than a third of the 
surface of the state, and coal is actually mined in at least 
forty of the counties. In one of these counties, Macon, the 
annual output is one and a half million tons, worth some- 
thing near one and three quarter million dollars. The 



34 HISTORY OF MISSOURI 

coal is bituminous, though cannel coal is found in small 
quantities in a few localities. The Missouri coal fields have 
not been very fully developed as yet because of the absence 
of an outside demand, and because of the inaccessibility of 
many of these fields. 

Various other products are worthy of mention in our dis- 
cussion of mineral resources. Building stone — especially 
limestone and sandstone — is found in practically every 
portion of the state. From the quarries of southwestern 
and southeastern Missouri the finest granite and marble are 
taken, to be used in costly buildings or shipped north and 
east for various purposes. Plate glass is manufactured in 
St. Louis, in Jefferson count)', and in other places. The 
making of cement has become another important industry, 
and at Hannibal and Louisiana the largest cement plants 
in the world are located. Clay, suitable for pressed brick, 
sewer pipe, and pottery, is found in abundance. White lead 
is manufactured in considerable quantities. Natural gas is 
found in some sections of the state, especially in the south- 
west. In Cass county the petroleum industry promises to 
become of considerable importance. 

The manufacturing industry depends upon various fac- 
tors, namely, raw material, fuel, labor, capital, and transpor- 
tation facilities. In a reasonable degree Missouri supplies all 
these factors and consequently has made such rapid progress 
that to-day it ranks seventh in the gross value of its manu- 
factured products. Nearly all of the more important factories 
are situated in or near the large cities on account of the 
necessity of good transportation facilities. In manufactured 
products St. Louis ranks fourth among the cities of the 
United States and in some particulars it is first. Kansas 
City and St. Joseph are also important manufacturing 
centers. 



THE NEW ERA IN MISSOURI 



35 



The following table gives the value of the output in the 
chief industries of Missouri for the year 1905, and also the 
number of those engaged in these industries : 



Industry 


Value of Output 


Number Engaged 


Slaughtering and packing 
Flour and grist milling . 
Tobacco manufacturing 
Brewing ...... 






560,031,133 
538,026,142 
530,884,182 
524,154,264 

#23,493'552 
523,015,515 
516,144,723 
512,672,244 
510,917,476 


4,2l8 
2,345 
5,2 59 
5,568 
10,428 

8,941 
11,462 

3,764 

5,298 


Boot and shoe making . 
Printing and publishing 
Lumber work and planing 
Bakeries 


mills 


Foundry and machine work . 



Taken from Report of Labor Department, 1907. 

The production of surplus products leads to an active 
commerce between various portions of the state and with 
other states and foreign countries. St. Louis is one of the 
great commercial centers of the country — important in 
both the retail and the wholesale trade. Kansas City 
also has an extensive trade with the West and Southwest. 
It is the development of trade that has made necessary a 
rapid extension of the transportation facilities of Missouri. 
The surplus products, in 1906, probably amounted to 
$300,000,000. 

Transportation is always an important factor in indus- 
trial development, and, as Missouri is no exception to the 
rule, this topic calls for at least a brief discussion. With 
the Mississippi on the eastern border and the Missouri run- 
ning through the state, the system of water'ways is almost 
unsurpassed. In the early days these rivers and their tribu- 
taries were of fundamental importance in the history of the 
state. They were in large measure superseded, however, 



36 HISTORY OF MISSOURI 

when the era of railroad building began, and consequently 
to-day the latter are of the greatest significance in the story 
of our economic development. 

The Missouri Pacific was the first railroad begun in the 
state of Missouri, and a locomotive used on a few miles of 
its track in 1852 was the first west of the Mississippi. By 
the beginning of the Civil War this line was extended to 
Sedalia, a distance of one hundred and eighty-eight miles. 
The St. Louis and San Francisco, the Iron Mountain, the 
North Missouri (Wabash), the Cairo and Fulton, and the Kan- 
sas City, St. Joseph and Council Bluffs, were begun in the 
decade before the war. In addition, the Hannibal and St. 
Joseph was built across the state. By i860 there had been 
built in all about eight hundred miles of railroad in Missouri. 
After the Civil War there came an era of railroad build- 
ing in which Missouri more than trebled her mileage. 
From that time to the present this development has con- 
tinued, and to-day there are between seven and eight thou- 
sand miles of railroad in Missouri, operated by about sixty 
different companies. This rapid though steady growth may 
be clearly shown by the following table : 

Among the principal lines in the state 
to-day are the following : the Atchison, 
Topeka and Santa Fe, the Chicago and 
Alton, the Chicago, Burlington and Quincy, 
the Chicago, Rock Island and Pacific, the 
Missouri Pacific, the Iron Mountain, the 
Missouri, Kansas and Texas, the St. Louis 
and San Francisco, the Wabash, the Quincy, 
Omaha and Kansas City, and various other 
lines of considerable importance. 
This summary of the industries of Missouri is clearly 
sufficient to show their extent and varied character. In 



Year 


Mileage 


1S52 


6 


i860 


S17 


1870 


2000 


1SS0 


3965 


1890 


6142 


1900 


6887 


1906 


7808 



THE NEW ERA IN MISSOURI 37 

general, it may be said that Missouri ranks fifth among the 
states of the Union in population and in material wealth ; 
it is surpassed only by New York, Pennsylvania, Texas, 
and California, and is perhaps first in potential resources. 
Citizens of the state, therefore, may reasonably expect in 
the future a continuation of industrial development and of 
material prosperity and the growth of a still greater 
commonwealth. 

QUESTIONS 

1. What is the chief characteristic of Missouri history since the 
Civil War? 

2. What is the area of Missouri ? Make a table showing the in- 
crease in population since 1870. What proportion of the people are 
foreign born ? What proportion are negroes ? What is meant by den- 
sity of population ? What is the urban population ? the rural ? 

3. What is the chief resource of the state ? What is the size of the 
average Missouri farm ? What are the chief crops of the state ? of 
your neighborhood ? 

4. Why is Missouri a good state for the live-stock industry? Why 
is the question of markets an important one? Discuss the dairying 
and the poultry industries. 

5. What are the most important mineral products of Missouri ? In 
what localities are they found ? 

6. Explain the rapid development of the manufacturing industry. 
Discuss the table given on page 35. Mention some other important 
industries of this kind. What are the chief commercial centers of the 
state ? 

7. Why is the question of transportation an important one ? Why 
should railroads supersede the rivers ? 

8. What progress was made in railroad building before the Civil 
War? Discuss the table given on page 36. Trace on a railroad map 
some of the principal lines of the state. 

9. What is the rank of Missouri among the states? What do you 
think of the future of Missouri ? 



PART II 
GOVERNMENT OF MISSOURI 



CHAPTER VI 

THE STATE AND ITS CONSTITUTION 

We have already seen that the United States came into 
possession of a vast amount of territory as a result of the 
Louisiana Purchase. In accordance with the national policy 
of forming new states out of its possessions west of the 
Alleghenies, the United States government gradually created 
out of the Louisiana country a number of sovereign states 
equal and coordinate in powers with the original thirteen 
states. It is the consistent carrying out of this policy that 
made the colonization of the country from the Allegheny 
mountains to the Pacific ocean so successful. 

But these lands were not erected into states at once — 
they were first organized into territories and only gradually 
given the rights of statehood. There are three classes of 
territories, and each class marks a stage in the process of 
forming a state. At first the whole region acquired from 
France was called the District of Louisiana, and for admin- 
istrative purposes was placed under the jurisdiction of the 
governor and judges of Indiana Territory. But the people 
were dissatisfied with this arrangement and prevailed upon 
Congress in 1805 to create a separate Territory of Louisiana 
with officials of its own, though these officials were still 
appointed by the national government. This made the 
Louisiana country a territory of the first class. 

Seven years later a part of this region was organized into 
a territory of the second class, and was known as the Terri- 
tory of Missouri. The people were now permitted to choose 

41 



42 GOVERNMENT OF MISSOURI 

a house of representatives, while a council, or upper house, 
was appointed by the national government from a list of 
persons suggested by the house of representatives. 

In 1816 the Territory of Missouri became a territory of 
the third and highest class, with the right to elect the mem- 
bers of both the upper and the lower houses of the legis- 
lature. This continued to be the situation until, in 1820, a 
state government was organized in Missouri preparatory to 
its admission into the Union as a state. 

As early as 1818 the people of Missouri had asked for 
permission to frame a constitution and establish a state 
government, but the violent controversy that arose over 
the question of slavery in the proposed state prevented the 
immediate success of the movement. The struggle was 
ended, as we have already seen, by the adoption of the Mis- 
souri Compromise in 1820. In the same year a convention 
was held in St. Louis for the purpose of framing a state con- 
stitution. This was adopted by the people, and at the same 
time officials for the new state government were chosen. 
But further cause of controversy arose, and consequently 
it was not until August 10, 1821, that President Monroe 
issued a proclamation declaring Missouri to be a state. 

The constitution framed by the convention in 1820 thus 
became the first constitution of the state of Missouri. This 
document outlined three departments of government — 
legislative, executive, and judicial — and was accompanied 
by a bill of rights. In 1845 an attempt was made to form 
a new constitution, but the work of the convention was 
rejected by the people. As a new constitution was not 
adopted until 1865, we see how long the old served the 
interests of the people of the state. 

In 1865 the radical element of the people was in control 
in Missouri, and the constitution of that year, though in many 



THE STATE AND ITS CONSTITUTION 



43 



respects an excellent document, was greatly weakened by 
the inclusion of a test oath which disfranchised many of 
the citizens of the state. Though this oath was declared 
unconstitutional by the supreme court, the demand for 
another constitution became insistent, and led, in 1875, to 
the formation of the present constitution. 

This constitution of 1875 is a very lengthy document, 
containing more than twenty-five thousand words. It is also 
noteworthy because of the many restrictions placed by the 
people upon both the state and the local government, 
especially as regards the question of taxation. Again we 
find the inclusion of a bill of rights and of the principle of 
a separation of powers into three distinct departments of 
government. Perhaps the following outline of the constitu- 
tion will best give a clear notion of its general character 
and scope. 

Article 

Preamble. 
I. Boundaries. 
II. Bill of Rights. 

III. The Distribution of Powers. 

IV. Legislative Department. 
V. Executive Department. 

VI. Judicial Department. 

VII. Impeachments. 

VIII. Suffrage and Elections. 

IX. Counties, Cities, and Towns. 

X. Revenue and Taxation. 

XI. Education. 

XII. Corporations. 

XIII. Militia. 

XIV. Miscellaneous Provisions. 

XV. Mode of Amending the Constitution. 

The great number of amendments proposed in recent 
years reveals the fact that the present needs of the state 



44 



GOVERNMENT OF MISSOURI 



have in many respects outgrown its constitution, and, as a 
consequence, there is a growing demand for a new constitu- 
tion more suited to the conditions as they exist to-day in a 
wealthy and important state. 

In the following chapters — comprising Part II of the 
present work — it becomes our duty to trace carefully and 
in some detail the provisions and workings of our pres- 
ent constitution in connection with both the state and the 
local governments. 

In such a survey it is well to recall the fact that the 
Constitution of the United States is the supreme law of 
the land, and that no state has the right to exercise any 
of the powers specifically granted to the federal govern- 
ment. But in all spheres of governmental activity not 
specifically granted to the federal government, the state 
possesses the full rights and powers of sovereignty. 

QUESTIONS 

1. What policy was adopted by the United States towards its 
possessions west of the Alleghenies ? Was this policy a good one ? 

2. How was the district of Louisiana governed ? 

3. What changes were made when the Territory of Missouri was 
organized ? 

4. Describe the government of Missouri as a territory of the 
third class. 

5. When did Missouri become a state? Why was there so much 
trouble over its admission ? 

6. How long was the constitution of 1820 in force? What were 
some of its provisions ? 

7. Why was the constitution of 1865 so unpopular? 

8. Mention two noteworthy features of the constitution of 1875. 

9. Compare the constitutions of 1820 and 1875. What is a bill 
of rights ? (See Appendix D.) 

10. How many articles in the constitution of 1875 ? What is a 
preamble ? 



THE STATE AND ITS CONSTITUTION 45 

11. How may the constitution be amended? How many amend- 
ments have been adopted ? {Note. Eight more are to be submitted 
this year (1908).) 

12. Why do many people want a new constitution to-day ? 

13. Explain the respective rights of the federal and the state 
governments. Look up in the Constitution of the United States the 
powers forbidden to the states. What does that document say con- 
cerning the rights of the state ? 



CHAPTER VII 

THE LEGISLATIVE DEPARTMENT 

The constitution of Missouri vests the powers of gov- 
ernment in three departments — the legislative, the ex- 
ecutive, and the judicial. The legislative department is 
the lawmaking department of the state government. It is 
composed of a senate and a house of representatives, both 
together being called the General Assembly of the State 
of Missouri. 

The house of representatives has one hundred and forty- 
two members, chosen every second year by the qualified 
voters of the various counties of the. state, and apportioned 
among them, only approximately, according to population. 
After each decennial census the total population of the 
state is divided by 200, and the result is called the ratio of 
representation. Each county with one ratio or less is en- 
titled to one representative ; counties with two and a half 
times the ratio are given two representatives ; those with 
four times the ratio, three representatives ; those with six 
times the ratio, four representatives ; and after that, one 
additional representative is added for every two and a half 
additional ratios. At present the members are apportioned 
among the several counties of the state and the city of 
St. Louis as follows : St. Louis (city), sixteen ; Jackson, 
six ; Buchanan, four ; Jasper, three ; Greene, two ; St. Louis 
(county), two ; and the other one hundred and nine coun- 
ties of the state, one each. 

In the counties having more than one and not more 
than ten representatives the county courts are empowered 

46 



THE LEGISLATIVE DEPARTMENT 47 

to divide the counties into districts, and a representative 
is elected from each. In counties having more than ten 
representatives the circuit court shall cause the counties 
to be divided into representative districts, and each district 
shall have not less than two or more than four representa- 
tives. Also the representatives in such counties are required 
to be residents of the district from which they are elected. 
At present the city of St. Louis alone has more than ten 
representatives, and for the purpose here outlined is prac- 
tically regarded as a county. 

Representatives are apportioned once every ten years, 
and this apportionment is made the first year following the 
taking of the census. Thus representatives were apportioned 
in 1 89 1, in 1901, and will be apportioned again in 191 1. 

A representative must be a male citizen of the United 
States, at least twenty-four years of age, and must have 
resided in his district for one year prior to his election. He 
must also have been a qualified voter of the state for at 
least two years prior to his election, and must have paid a 
state and county tax within the year preceding such election. 

A representative receives five dollars a day for a regular 
session of seventy days. But should the session continue 
more than seventy days, the compensation for the remain- 
der of the time is reduced to one dollar per day. A small 
additional allowance is also granted for postage, stationery, 
and incidentals, besides mileage in going to and returning 
from a session. During a revising session, however, he may 
receive five dollars a day for one hundred and twenty days, 
and one dollar a day thereafter. 

Before entering upon the duties of his office, a represent- 
ative is required to take the following oath : " I do solemnly 
swear (or affirm) that I will support the Constitution of the 
United States, and of the state of Missouri, and faithfully 



48 GOVERNMENT OF MISSOURI 

perform the duties of my office ; and that I will not know- 
ingly receive, directly or indirectly, any money or other valu- 
able thing for the performance or nonperformance of any 
act or duty pertaining to my office, other than the compen- 
sation allowed by law." This oath is usually administered 
by the chief justice of the supreme court, though it may be 
administered by some other judge or by the presiding officer 
after the organization has been completed. 

The senate is a much smaller body than the house, as 
the constitution provides that there shall be thirty-four 
senators. They are elected for a term of four years by the 
qualified voters of the respective senatorial districts. Every 
ten years it becomes the duty of the legislature to divide 
the state into districts, and each district elects one senator. 
If the legislature should fail in this duty, as was the case in 
190 1, it devolves upon the governor, the secretary of state, 
and the attorney general, to divide the state. The constitu- 
tion further provides that these districts are to be conven- 
iently arranged and are to be as nearly equal in population 
as possible. The gerrymander, however, may be resorted 
to in the interest of a dominant political party. 

Seventeen of the senators are elected from the odd-num- 
bered districts at the time of the presidential election, and 
the remaining seventeen two years later from the even- 
numbered districts. Thus there are always in the senate 
a number of experienced legislators. A senator must be at 
least thirty years of age and a qualified voter of the state 
for three years prior to his election. His other qualifications 
are the same as those of the members of the house of 
representatives. His compensation is also the same. 

The constitution makes each house the sole judge of the 
qualifications and election of its members. Each house also 
determines its own rules of procedure and selects its own 



THE LEGISLATIVE DEPARTMENT 49 

officers, except that the lieutenant governor is, by virtue of 
his office, president of the senate. The presiding officer of 
the house of representatives is called the speaker. Each 
house has in addition a president or speaker pro tempore, 
a secretary or chief clerk, a doorkeeper, a sergeant-at-arms, 
a chaplain, and various clerks. In the house the commit- 
tees are appointed by the speaker ; in the senate they are 
usually left to the president through courtesy, though occa- 
sionally, for political reasons, the appointments are made 
by the senate itself. 

The general assembly meets in regular session in the 
capitol at Jefferson City on the first Wednesday after the 
first day of January in the odd-numbered years. A majority 
of the whole number of members in either house constitutes 
a quorum to do business. Neither house may adjourn with- 
out the consent of the other, except for a brief time. If at 
any time an extra session is called by the governor, only 
the subjects mentioned in his call or contained in special 
messages may be considered by the general assembly. The 
constitution does not fix the time for the adjournment of 
a session, but the rule regarding compensation practically 
settles the matter. 

The house of representatives has the sole power of 
impeachment, that is, the house brings the official to trial 
and conducts the prosecution. All impeachments shall be 
tried by the senate, and the senators are sworn to do justice 
according to the law and the evidence. Should the governor 
of the state be tried, the chief justice of the supreme court 
would preside over the trial. No person can be convicted 
without the concurrence of two thirds of the senators pres- 
ent, and judgment in case of conviction shall not extend 
further than removal from office and disqualification to hold 
any office of honor, trust, or profit under the state. But, 



50 GOVERNMENT OF MISSOURI 

whether convicted or acquitted, the person tried is still 
liable to prosecution according to law. For example, if an 
official is impeached for bribery, convicted, and removed 
from office, the courts may then take up his case as a crime 
against the state, and he may be brought to trial and pun- 
ished the same as any other criminal. 



QUESTIONS 

1. What are the three departments of the state government? 
What is the legislative department ? 

2. Is it a good plan to have two houses in the legislative branch 
of the state government ? Why ? 

3. How many representatives are there? How are they appor- 
tioned? If the population of the state is 3,106,665, find the ratio of 
representation. 

4. Name and locate the counties that have more than one repre- 
sentative. How are these counties divided? 

5. When are the apportionments made ? What is a census ? 

6. What are the qualifications of a representative ? length of 
term? pay? Make a list of the things promised in the oath of office. 

7. How many senators are there? What are the necessary quali- 
fications ? What compensation do they receive ? Draw a map of your 
senatorial district. (See Appendix E.) 

8. What rights are guaranteed to each house by the constitution ? 

9. Name the more important officers in each house. Does the 
presiding officer have the right to vote ? 

10. When and where does the general assembly meet ? Locate the 
capital. What is meant by a quorum ? by a special session ? 

11. What are the powers and duties of each house in case of im- 
peachment? W T hat is the nature of the punishment? 

12. Give the arguments for and against a biennial session of the 
legislature. 

13. Should a representative or a senator be required to be a resi- 
dent of the county or district from which he is elected ? 



CHAPTER VIII 

HOW LAWS ARE MADE 

The constitution of Missouri provides that no law shall 
be passed except by bill ; that bills may originate in either 
the house or senate ; that those originating in one body 
may be amended or rejected by the other ; that every bill 
shall be read three times on three separate days in both the 
senate and the house before it is finally voted upon ; and 
that a majority vote of all qualified members is necessary 
for its passage. 

All bills are numbered in the order of their introduction. 
Then follows the name of the author, the title of the bill, 
and the enacting clause, which always reads as follows : 
" Be it enacted by the General Assembly of the State 
of Missouri, as follows." And finally the body of the bill 
itself is given. Its form is illustrated by the following 
measure, which became a law in the forty-fourth general 
assembly. (See p. 52.) 

Though three readings are necessary before a bill reaches 
its final passage, the first and second readings usually con- 
sist in a mere announcement of its title, unless the reading 
of the entire bill is demanded. After the first reading three 
hundred copies of the bill are ordered printed for the in- 
formation of the members, unless otherwise ordered by the 
house. After the second reading it is referred to the ap- 
propriate committee. If it is a bill relating to schools, it will 
be referred to the committee on education ; if it is a bill 
relating to railroads, it will be referred to the committee on 
railroads. If it is favorably considered by the committee it 

5* 



52 GOVERNMENT OF MISSOURI 

[ENGROSSED] 

HOUSE BILL NO. 325 

44th General Assembly 

INTRODUCED BY MR. MUIR 

Read first time and 300 copies ordered printed, January 14, 1907. 
Read second time and referred to the Committee on Life Insurance, January 22, 1907. 
Reported from the Committee on Life Insurance, with recommendation that the 
bill do pass, January 25, 1907. 

Taken up and laid over informally, January 31, 1907. 

Taken up and ordered engrossed and printed, February 13, 1907. 

D. W. JONES, Ass't Chief Clerk 

AN ACT 

RELATING TO THE SALARIES AND COMPENSATION OF 
OFFICERS AND AGENTS OF LIFE INSURANCE COM- 
PANIES 



Be it enacted by the General Assembly of the State of Missouri as follows : 

Section 1. No domestic life insurance company shall pay any 

2 salary, compensation, or emolument to any officer, trustee, or director 

3 thereof, nor any salary, compensation, or emolument amounting in 

4 any year to more than five thousand dollars, to any person, firm, 

5 or corporation, unless such payment be first authorized by a vote of 

6 the board of directors of such life insurance company and a record 

7 of such vote entered in the minutes of the meeting when the action 

8 is taken. 

Section 2. No life insurance company which pays as a salary 

2 or as compensation for services, or as an emolument or allow- 

3 ance of any kind whatsoever, more than fifty thousand dollars per 

4 annum to any one person, shall be licensed to transact business in 

5 this state. 



HOW LAWS ARE MADE 53 

is recommended for passage and placed on the "calendar" 
for engrossment. To engross a bill is to copy it, with 
amendments, if any have been proposed, in large full letters. 
If the committee reports the bill unfavorably, or fails to 
make any recommendation in regard to it, the house shall 
determine by a majority vote whether or not it be placed 
on the calendar. The main purpose in referring bills to a 
committee in this way is to expedite business. After the 
measure has been placed on the calendar any amendments 
offered by the committee must be considered first, and then 
those offered by the house. 

The constitution requires that the bill as engrossed shall 
be printed for the use of the members before it is placed 
on the calendar for the third reading and for passage. It 
does not require a motion to engross a bill, but this ques- 
tion is put by the speaker : " Shall this bill be engrossed 
and printed ? As many as favor say Aye ; those opposed 
say No." If the majority vote in the affirmative, the bill 
goes to engrossment. The engrossing and printing is 
done under the supervision of a committee on engrossed 
bills, whose report to the house states in writing that the 
bill is truly engrossed, and that the printed copy furnished 
the members is correct. After this report is made the bill 
is placed on the calendar, to be taken up in due order. 
Then, in order to bring it before the house, some mem- 
ber, usually the author, makes a motion that it be read a 
third time and placed on its passage. The author is allowed 
to explain the bill, but after the third reading it is put im- 
mediately upon its passage without debate. If a bill has 
passed and some one wishes to amend it, not only must the 
vote by which it was passed be reconsidered but also the 
vote by which it went to engrossment. A motion to recon- 
sider may be carried by a majority, but if that motion is 



54 



GOVERNMENT OF MISSOURI 



" tabled," it then requires a two-thirds vote to reconsider. 
The author of the bill usually makes this motion in order 
to prevent some one who was opposed to it from having it 
reconsidered. On the final passage of every bill the roll is 
called and a record of the vote of each member is entered 
on the journal. 

After the bill has passed the house it is sent to the 
senate for consideration. The senate may either adopt, 
amend, or reject it. If amended, it is returned to the house 
for readoption as amended. If the bill originated in the 
senate, it goes through the same process as described in the 
case of a bill originating in the house. 

After passing both the house and the senate, the measure 
is enrolled (copied neatly), signed by the speaker and the 
clerk of the house, and by the president and the secretary 
of the senate, and is then sent to the governor for approval. 
If he approves and signs the bill it becomes a law. If he 
disapproves of it he vetoes it, that is, he returns it to the 
house in which it originated together with his objections. 
To become a law over his veto it must receive a two-thirds 
vote in each house. 

If the governor fails to return a bill within ten days it 
may, through a resolution passed by both houses, become 
a law anyway. If the general assembly adjourns within the 
ten days, however, the governor has thirty days in which to 
send the bill to the secretary of state with his approval or 
disapproval. With the exception of the general appropria- 
tion bill, no law goes into effect until ninety days after the 
^adjournment of the session in which it was enacted, unless 
it has an emergency clause, in which case it may go into 
effect immediately. There must be a two-thirds vote of the 
members elected to each house in favor of an emergency 
clause in order to pass it. 



HOW LAWS ARE MADE 



55 



QUESTIONS 

1. Give the enacting clause of every bill. How many times must a 
bill be read ? Why should each reading be on a separate day ? 

2. Why are bills referred to committees ? Give the arguments for 
and against legislation through committees. 

3. What is meant by engrossment and enrollment ? 

4. In how many ways may a bill become a law ? Give the different 
steps to be taken in the passage of a bill from the time it is introduced 
until it becomes a law. 

5. What length of time must elapse after a law is enacted before it 
goes into effect ? What is an emergency clause ? 

6. Has the speaker of the house any influence over legislation? 
Explain. 

7. What vote does it take to pass a bill ? What vote is required to 
pass an emergency clause ? What vote to pass a bill when the governor 
vetoes it ? 

8. Do you think it best that the governor should have a veto power 
in legislation ? 



CHAPTER IX 

EXECUTIVE DEPARTMENT 

The executive department is that division of the state 
government which supervises the execution of the laws and 
the administration of the affairs of the state. These powers 
and duties are vested by the constitution in a governor, 
lieutenant governor, secretary of state, auditor, treasurer, 
attorney-general, superintendent of public schools, railroad 
commissioners, and numerous minor officials. All of these 
officers, except the railroad commissioners, are elected for 
four years, and all except the governor and lieutenant 
governor receive ah annual salary of $3000. With the 
exception of the lieutenant governor and the railroad com- 
missioners they must all reside at Jefferson City. 

The supreme executive power is vested in a chief magis- 
trate called the governor. The importance of his office 
is suggested by his qualifications and duties. He must 
be at least thirty-five years of age, must have been a citi- 
zen of the United States for ten years, and a citizen of 
Missouri for the seven years immediately preceding his 
election. He is elected by the people for a term of four 
years and is ineligible to reelection as his own successor. 
The duties of his office, as prescribed by the constitution, 
cover a wide range. He is charged with the duty of seeing 
that the laws of the state are faithfully executed. He is 
commander in chief of the state militia, and he may call out 
the same at any time to execute the laws, suppress insur- 
rection, or repel invasion. He may convene the general 

56 



EXECUTIVE DEPARTMENT 57 

assembly in special session at any time and advise that 
body by message as to needed legislation. He may approve 
or veto any act of the general assembly. He may veto 
part of an appropriation bill and approve the other part. 
He may commission officers and fill vacancies. Under cer- 
tain restrictions he has the power of granting reprieves and 
issuing pardons. He may require in writing reports from 
executive officers and from the managers of state institu- 
tions. He has the power of appointing many of the state 
officials, though some of these appointments must be 
approved by the senate. He also has the power to order 
special elections for county or state elective offices when 
vacancies occur therein. It will be seen, therefore, that his 
duties are extensive and important. 

When the office of governor becomes vacant by reason 
of death, resignation, or removal, the lieutenant governor 
then succeeds to the governorship. The lieutenant gov- 
ernor must have the same qualifications as the governor, and 
when he fills the position of chief magistrate of the state 
he receives the pay of that office, namely $5000 per year. 
His salary as lieutenant governor is $1000 per year, and 
during the session of the legislature he receives seven 
dollars a day additional. Should there be a vacancy in the 
governorship and the lieutenant governorship at the same 
time, the right of succession to the governor's office is 
vested in the president pro tempore of the senate, and 
after him in the speaker of the house of representatives. 

The secretary of state is the custodian of the seal of the 
state of Missouri, which he affixes to official documents as 
required by law. He is also the keeper of the public records 
and of the acts of the general 'assembly, and is required to 
keep a register of the official acts of the governor and to 
attest them whenever necessary. It is his duty to furnish 



58 GOVERNMENT OF MISSOURI 

copies of these records or of any other papers in his office 
upon the demand of the general assembly. In addition to 
these duties, he publishes and distributes the laws and 
journals of the general assembly, files in his office all nomi- 
nations to state offices, keeps a record of all elections, both 
state and local, and issues certificates of incorporation to 
companies. By virtue of his office he also performs the 
duties of register of lands and of examiner of banks. 

The auditor is the accountant of the state and the keeper 
of the books and papers relating to public accounts and 
contracts. He makes settlements with the counties, issues 
warrants for all money paid out of the treasury, and has 
general oversight of the public funds of the state. He is 
also required to report to the general assembly the financial 
condition of the state and to give an estimate of the appro- 
priations needed for the expenses of the state government 
for the two succeeding years. He is placed under a bond 
of $50,000, and is required to make a report to the gov- 
ernor every month. 

The state treasurer is custodian of the funds. He pays 
out of the treasury all the obligations of the state, includ- 
ing the salaries of the state officers and of the judges of 
the various courts. He is required to give a heavy bond, 
amounting to $500,000. He makes a monthly report to 
the governor and a biennial report to the legislature. 

The attorney general is the legal adviser of all the 
state officials, the general assembly, and the prosecuting 
attorneys of the different counties. In all suits in which 
the state is a party, he appears before the supreme court 
in its behalf. 

The superintendent of public schools has general super- 
vision of the public schools of the state, grants state cer- 
tificates, distributes the educational funds, and makes an 



EXECUTIVE DEPARTMENT 59 

annual report, giving data in regard to the schools and the 
expense of maintaining them. He is chosen at the biennial 
election following that for the election of the governor and 
the other state officials. 

There are three railroad and warehouse commissioners, 
elected by the people for a term of six years, one being 
chosen at each biennial election. It is the duty of the com- 
missioners to see that the railroads obey the regulations 
regarding freight and passenger rates, and that in general 
both railroads and warehouses are managed in accordance 
with the laws. 

The general assembly has, from time to time, created 
other executive and administrative offices to be filled by 
appointment. The insurance commissioner is appointed 
by the governor, with the consent of the senate, for a 
term of four years. He has supervision in a general way 
of all insurance companies doing business in the state; 
he issues licenses to such companies as comply with the 
law and may revoke the licenses of those guilty of its 
violation. His duties require him to protect the interests 
of policy holders and of the legally authorized insurance 
companies. 

As commander in chief of the militia the governor ap- 
points an adjutant general and other staff officers, who 
attend to all active duties of a military nature. The staff 
officers acting under the adjutant general are the quarter- 
master general, surgeon general, paymaster general, com- 
missary general, judge-advocate general, chief of ordnance, 
inspector general, and four aids-de-camp. The constitution 
declares that all able-bodied male inhabitants of the state, 
between the ages of eighteen and forty-five, are liable to 
military duty. This organization is known as the National 
Guard of Missouri. 



60 GOVERNMENT OF MISSOURI 

The labor commissioner, appointed by the governor, col- 
lects statistics and information relating to labor. Other 
appointive officials worthy of mention are the supervisor 
of building and loan associations, the commissioner of per- 
manent seat of government, the fish commission, consist- 
ing of three members, the game and fish warden, and the 
state dairy and pure food commissioner. The state public 
printing commission consists of the secretary of state, the 
auditor, and the treasurer. A new appointive office that 
may prove of considerable importance is that of state 
highway engineer. 

In addition to these officers and commissioners, whose 
entire time is usually devoted to the duties of their office, 
there are various boards and societies under whose direc- 
tion and by whose assistance the general welfare of the 
people is promoted ; also there are a number of adminis- 
trative boards to assist the governor in the discharge of 
his duties. Only the most important of these boards and 
societies will be mentioned here. 

The state board of equalization consists of the governor, 
the treasurer, the auditor, the secretary of state, and the 
attorney-general. The board meets on the last Wednesday 
in February to equalize the valuation of real and personal 
property among the several counties of the state, and on 
the third Monday in April it meets to assess, adjust, and 
equalize the valuation of railroad property within the limits 
of Missouri. 

The state board of education is composed of the super- 
intendent of schools, who is ex-officio president of the 
board, the governor, the attorney-general, and the secre- 
tary of state. This board invests the school fund and has 
general supervision over the schools of the state. It sees, 
for example, that all school funds are properly applied. 



EXECUTIVE DEPARTMENT 6 1 

The state board of agriculture consists of the governor, 
the superintendent of schools, the dean of the agricultural 
college, and one member appointed by the governor from 
each congressional district. The appointive members hold 
office for three years, and serve without pay, except the 
actual expenses incurred in attending board meetings. The 
officers of the board are elected by the members at the an- 
nual meeting and hold office for a term of one year. The 
secretary and treasurer are not members of the board. 
The annual meeting is held at Columbia on the third 
Tuesday in December. 

The state board of health is appointed by the governor, 
with the consent of the senate, for a term of four years. 
This board has supervision over the health and sanitary 
conditions in the state, and may quarantine any locality to 
prevent the spread of contagious diseases. It is also their 
duty to license, after a satisfactory examination, those who 
wish to practice medicine in Missouri. A board of osteo- 
pathic registration and examination is also appointed for 
a term of five years. 

A state board of law examiners is appointed by the 
supreme x:ourt for the purpose of examining and licens- 
ing those who wish to practice law. The board is paid 
out of the fees collected from the applicants. Those wish- 
ing to be examined must file their application with the 
clerk of the supreme court at least ten days before the 
meeting of the board. 

The members of the state board of pharmacy are ap- 
pointed by the governor for a term of three years ; the 
members of the board of dental examiners and of the board 
of embalming hold office for a term of five years. A board 
of mediation and arbitration is appointed, consisting of three 
persons, —an employer of labor, a member of a trades' 



62 GOVERNMENT OF MISSOURI 

union, and a third member not closely identified with either 
of these two classes. They are appointed by the governor 
for a term of three years, and may be called upon to settle 
disputes between labor and capital. A board of charities 
and corrections consists of six members appointed by the 
governor for a term of six years. These boards have vari- 
ous duties, but in the main these are suggested by the 
name of the board. This statement is also true of the 
board of examiners for barbers, the veterinary board, and 
the board of immigration. 

The state historical society has for its object the collec- 
tion, preservation, and publication of material for the study 
of history, especially the history of the state and of the 
Middle West. The society has its library in Columbia. 
Another society worthy of mention is the state horticultural 
society, which has done much for the improvement of the 
various varieties of garden products. 

A number of inspectors are appointed by the governor, 
the name of the office in each case suggesting the nature 
of its duties. Among them may be mentioned the inspectors 
for factories, mines, grain, tobacco, beer, and petroleum. 



QUESTIONS 

1. What is the executive department? Name the more important 
executive officials. 

2. What are the qualifications and term of office of the governor? 
Make a list of his duties and powers. • 

3. Should the governor be eligible for reelection ? Should the 
senate have the right to reject appointments made by the governor? 

4. Has the governor any influence over legislation? 

5. Should the governor have the power to grant reprieves and 
pardons ? 

6. What is done in case of vacancy in the governorship ? 



EXECUTIVE DEPARTMENT 63 

7. What are the duties of the secretary of state ? of the auditor ? 
of the treasurer? of the attorney-general? of the superintendent of 
public schools ? of the railroad commissioners ? 

8. Are these officials subordinate to the governor? Why is the 
treasurer required to give such a large bond ? 

9. Name the more important appointive officials. What are the 
duties of these officials? 

10. Make a table showing the important state boards and societies 
and the duties of each. 

11. Why is it necessary to appoint inspectors? 



CHAPTER X 

JUDICIAL DEPARTMENT 

The judicial power of the state is vested in a number of 
courts, ranging from the court of the justice of the peace 
to the supreme court. It is the duty of these courts to 
settle all suits or cases that may arise, either civil or crimi- 
nal. The person who brings a suit is called the plaintiff, 
the one against whom it is brought is called the defendant. 
In all criminal cases the state itself is the plaintiff. Usu- 
ally a person dissatisfied with the decision in his case may 
appeal to a higher court. 

The lowest and most accessible court is the court of the 
justice of the peace. Each township has at least two jus- 
tices of the peace, and in larger townships this number 
may be increased. The justice is a conservator of the 
peace. If a crime is committed, it is his duty to issue a 
warrant for the arrest of the criminal. He may try crimi- 
nals for misdemeanors or petty offenses where the penalty 
is a fine or imprisonment in the county jail. But if the 
crime is a felony punishable by death or imprisonment in 
the penitentiary, the justice merely holds a preliminary 
hearing or examination, and, if the evidence warrants it, 
requires the prisoner to give bond for his appearance be- 
fore the circuit or criminal court, or sends him to jail to 
await a trial upon the charges brought against him. 

The justice also has jurisdiction in civil suits involving 
sums not exceeding $250. Either party to a suit before a 
justice has the right to demand a jury of six men to decide 

64 



JUDICIAL DEPARTMENT 65 

the case. If either party is dissatisfied with the judgment 
rendered in a justice's court, he may appeal his case to the 
circuit court. Though a justice is elected to conserve the 
peace in a certain township, he may try cases coming to 
him, by a change of venue, from any of the other townships 
in the county. He is paid by fees. 

The circuit court tries all cases appealed from the jus- 
tice's court, and has original jurisdiction in cases of felony 
and in suits involving an amount greater than $250. Also 
suits involving the title to real estate must be brought in 
the circuit court. In reality all important cases are tried 
in this court. The circuit courts also have general super- 
vision over the criminal courts, the probate court, the 
county courts, and the justice's courts. For judicial pur- 
poses the state is divided into thirty-three circuits, in each 
of which a circuit judge is elected for a term of six years. 
But in the circuits containing large cities additional judges 
have been found necessary in order to transact the busi- 
ness. St. Louis, for example, has twelve judges, and Jackson 
county has eight. A majority of the circuits are composed 
of several counties, and the judge goes from one to another 
to hold court. According to the constitution, at least two 
sessions of this court must be held every year in each 
county. Both civil and criminal cases are brought before 
the circuit court. However, separate criminal courts have 
been established in counties having 50,000 inhabitants 
or more. A circuit judge must have a good knowledge 
of law, must be at least thirty years of age, and must have 
been a citizen of the United States for five years and a 
voter of the state for three years prior to his election. 

Cases tried in the circuit court may be appealed to a 
higher court on the ground of error. If the offense is a mis- 
demeanor, or involves an amount of money not exceeding 



66 GOVERNMENT OF MISSOURI 

$2500, the appeal is taken to the appellate court. If it 
is a case of felony, or if it involves the title to real estate, 
a sum in excess of $2500, the construction of the constitu- 
tion, the revenue laws, or title to office, or if a county is a 
party to it, the appeal must go to the supreme court. 

The courts of appeal were established to relieve the su- 
preme court of a part of its work. The one at St. Louis 
has been established for many years, but the work having 
greatly increased, another court was established in 1884, 
at Kansas City. The court at St. Louis is for the eastern 
district of Missouri and the one at Kansas City is for the 
western district, and all the counties of the state come 
under the jurisdiction of one or the other of these courts. 
Each court has three judges elected for a term of twelve 
years. The judges of the St. Louis court receive a salary 
of $5500, and those of the Kansas City court receive 
$3500. The qualifications of these judges are the same as 
those for the judges of the supreme court. 

The supreme court is the highest tribunal in the state. 
It is composed of seven judges, elected by the people for 
a term of ten years, each receiving a salary of $6000. 
The judge oldest in commission is usually chief justice 
of the court. In order to expedite business, the court is 
divided into two divisions, the first being composed of four 
judges, and the second of three judges. If the judges con- 
stituting a division disagree, the case may go to the entire 
court, called the court en banc. The supreme court exer- 
cises a certain control over all the courts of the state. 
When a case is taken to this court by appeal it does not 
try the case again, but simply examines and reviews a 
transcript of the entire proceedings sent to it by the lower 
court, and then either affirms the verdict of the lower court 
or points out its errors and remands the case for a new 



JUDICIAL DEPARTMENT 67 

trial. If the supreme court finds that the ease has no 
merit, it is reversed and dismissed. The opinions of the 
judges of the supreme court are preserved and printed in 
book form, and are known as the Missouri Reports. 

There are only four courts of common pleas in the state, 
and these were established under the old constitution of 
1820. Formerly these courts tried cases involving com- 
mon law practice, i.e. law established by custom, while all 
cases arising from a violation of the statute law of the 
state were tried in other courts. At present, cases involv- 
ing common law practice are few, and the original purpose 
for which these courts were established no longer exists. 
Several places having these courts still keep them, how- 
ever, and their authority is nearly the same as that of 
the circuit courts. The Louisiana court of common pleas, 
established in 1853, tne Hannibal court of common pleas, 
established in 1845, an d the Sturgeon court of common 
pleas, established in 1859, are eacn presided over by a 
circuit judge ; but the Cape Girardeau court of common 
pleas, which was established in 185 1, has a judge chosen 
expressly to preside over its deliberations. 

It is the duty of certain officials to aid the courts in their 
work. A constable is elected by the people in each town- 
ship for a term of two years. He is the executive officer 
of the township. He makes all arrests on warrants issued 
by the justices of the peace, serves summonses on the de- 
fendants in civil cases, and impanels juries and summons 
witnesses for the trial. It may also become his duty to 
collect the amount of the judgment, and in case this is 
not paid promptly he is authorized to seize and sell the 
property of the defendant to satisfy the judgment. 

In the county the duties of the sheriff are somewhat 
similar to the duties of the constable in the township. He 



68 GOVERNMENT OF MISSOURI 

is to subpoena witnesses, serve summonses-, make arrests, 
and attend to the orders of the court. If necessary, he 
may summon every able-bodied man in the county to assist 
in the duties of his office, especially in times of riot. The 
marshal of the supreme court performs duties similar to 
those performed for the lower courts by the sheriff and 
the constable. 

No person can be held for trial on a serious charge un- 
less upon an indictment by the grand jury or on informa- 
tion filed by the prosecuting attorney. The grand jury is 
composed of twelve citizens of the county, chosen to in- 
vestigate all crimes committed in the county and to indict 
or present for trial those believed to be guilty. This indict- 
ment merely means that the state regards the probabilities 
of guilt strong enough to warrant a trial. The right of the 
prosecuting attorney to hold a person for trial dates from an 
amendment to the constitution adopted a few years ago. 

The petit jury is the trial jury. It is composed of twelve 
men whose duty it is to determine all questions of fact at 
issue iii the case. They are chosen from the regular panel 
selected by the county court or from a special venire. 

After the indictment is presented by the grand jury the 
judge orders the arrest of the accused, unless he should 
be already in custody. When brought into court the pris- 
oner hears the reading of the charge against him and either 
pleads " guilty " or " not guilty." If he pleads guilty, the 
judge pronounces sentence upon him ; if he pleads not 
guilty, the trial proceeds, — that is, the jury is chosen and 
sworn, and the witnesses are called by the state and by 
the defense. Then, after the instructions of the court are 
read, the lawyers make their arguments and the case is given 
to the jury. The jurymen retire to consider the merits of 
the case and to make up their verdict. If they declare that 



JUDICIAL DEPARTMENT 69 

the prisoner is not guilty, he is released ; if he is found guilty, 
the judge proceeds to pass sentence upon him. It is the 
duty of the sheriff to carry out the sentence of the court. 

In a civil case the plaintiff files a statement of his claims 
with the circuit clerk, and this official notifies the defend- 
ant to appear in court. If a jury trial is demanded, the 
method of procedure is practically the same as that followed 
in criminal cases. Three fourths of the members of the 
jury may render a verdict in civil cases. 

QUESTIONS 

1. Why do we have courts? What is meant by the plaintiff? 
by the defendant ? 

2. Explain the duties of justices of the peace. What is meant by 
a change of venue ? 

3. What is the difference between a misdemeanor and a felony? 

4. -Wliat are the powers and duties of the circuit courts? What 
are the necessary qualifications of a circuit judge ? Draw a map of 
your judicial circuit. (See Appendix G.) 

5. When may a case be appealed ? Give examples of cases that 
would go to an appellate court. Discuss the appellate courts. 

6. How many supreme judges are there ? How is the court organ- 
ized ? What are its powers and duties ? Give examples of cases that 
would go on appeal to this court. Is its decision final in every case ? 

7. What is meant by a court of common pleas ? 

8. Who are the executive officers of the courts? What are their 
duties ? 

9. What is the grand jury ? W r hat is meant by an indictment ? 
What is the petit jury? What is meant by a verdict? 

10. Have you ever attended a trial ? Describe how a trial is con- 
ducted. Give examples of civil cases. 

11. Can a judge be removed from office ? Why should judges have 
longer terms than other officers ? Do you favor the appointment or 
the election of our judges ? 

12. Should the jury system be abolished ? What do you think of 
the changes made by the amendment to the constitution adopted in 
1900? (See Appendix D.) 



CHAPTER XI 

COUNTY AND TOWNSHIP GOVERNMENT 

It is a fundamental belief in this country that the people 
of the various localities have the right to manage their own 
local affairs. This right is outlined in the constitution of 
Missouri, and is thus definitely guaranteed to the people of 
the state. Therefore, for purposes of self-government the 
state is divided into counties, townships, and school dis- 
tricts, and, when population becomes sufficiently central- 
ized, into villages, towns, and cities. 

The largest of these local divisions is the county. At the 
time of the admission of Missouri as a state there were fifteen 
counties, while to-day there are, as we have seen, one hundred 
and fourteen and the city of St. Louis. But for all practical 
purposes St. Louis is really treated as a county. These coun- 
ties vary in size and in population ; their boundaries are 
established by the state legislature, though no change can 
be made without the consent of the districts affected. 

It is the county that comes directly in touch with the 
state government at Jefferson City. Through it much of 
the work of the state government is in reality carried out. 
It is the unit upon which the election of representatives 
depends. The state taxes are collected by the county 
officials. The election returns are made through the county 
clerk ; and in various other ways the county is recognized 
as the local unit of government 

The official business of the county is transacted at the 
county seat. For convenience it is generally located near 

70 



COUNTY AND TOWNSHIP GOVERNMENT 71 

the center, and its location can be changed only with the 
consent of two thirds of the voters. The public buildings 
and offices are located here, and all public records, such 
as deeds, mortgages, wills, and court documents, are 
placed here for convenience and safe-keeping. The county 
officers are elected by the people on the first Tuesday 
after the first Monday in November. Their duties are 
too numerous and varied to be stated in detail, and there- 
fore only the more important ones will be mentioned. 
It should be remembered that the representative, whose 
name appears upon the county ticket, is not a county 
officer. 

The county court is composed of three judges, — one 
presiding judge elected for a term of four years from the 
county at large, and two associate judges elected for a 
term of two years from districts into which the county 
is divided for this purpose. This office is an important 
one and should be occupied by men of strict integrity and 
good judgment. A county judge must be at least twenty- 
four years old, must have been a citizen of the United 
States five years, and a citizen of the county for one year 
next preceding his election. This court has a wide range 
of duties. It has control of all the property of the county, 
settles accounts against the county, issues licenses for 
certain kinds of business, invests the county funds, pro- 
vides polling places, approves the bonds of county officials, 
has supervision and control of the roads and bridges, 
settles with the county treasurer, and, in fact, has gen- 
eral superintendence of the business of the county. At 
least once a year the court must publish a statement of 
the financial condition of the county. It should be care- 
fully noted that this court is not a judicial body, but is 
primarily administrative. 



72 GOVERNMENT OF MISSOURI 

Four terms of the county court are held each year, on 
the first Monday in February, May, August, and Novem- 
ber. Adjourned terms are held whenever necessary. The 
court meets monthly in counties having seventy-five thou- 
sand or more inhabitants. In addition to their administra- 
tive duties the judges are made conservators of the peace 
throughout the county. 

The clerk of the court is elected by the people for a term 
of four years. He must be at least twenty-one years of 
age, a resident of the state for one year and of the county 
for two months. He is required to keep the records of 
the court ; in fact, he is the bookkeeper and accountant 
and the custodian of all county papers and of the official 
seal of the county. It is his duty to prepare the tax books 
and make out an annual report to the state superintendent 
of public schools, giving the amount of income from the 
school funds and the amount of school taxes collected. 
He has charge of the apportionment of the state school 
fund to the various school districts of the county, and has 
certain duties to perform in connection with nominations 
and elections. He is paid by fees belonging to the office. 

The probate judge has charge of the probate business, 
that is, a general oversight of the settlement of the estates 
of deceased persons, minors, and persons of unsound mind, 
and the supervision of executors and administrators. The 
probate judge is allowed to act as his own clerk and re- 
ceives such fees for this as may be prescribed by law. 
The public administrator takes charge of estates when 
ordered to do so by the probate judge, or when no other 
provision has been made. Both officials are elected for a 
term of four years. 

The circuit clerk makes out the docket of the circuit 
court, keeps a record of the court's proceedings, and issues 



COUNTY AND TOWNSHIP GOVERNMENT 7 t> 

all legal papers necessary to carry out its will. In many 
counties he is also ex-officio recorder, although in counties 
of ten thousand inhabitants the county court may separate 
the office of circuit clerk and recorder. This latter official 
is required to keep an accurate record of deeds, mortgages, 
bonds, and all instruments of writing concerning land, goods 
and chattels, certificates of marriage, official bonds, and 
commissions, which are required by law to be recorded. 
The term of office is four years, and the payment is through 
fees appertaining to the office. 

The sheriff is elected for a term of four years, and is 
eligible only four years in any one period of six years. 
It is his duty to execute the orders and judgments of the 
courts. He is required to preserve the peace, and has 
almost unlimited power in the performance of his duties. 
He is required to take charge of prisoners, to keep the 
jail, and to arrest all persons charged by the grand jury 
with a violation of the law. 

The assessor is also elected for a term of four years. He 
prepares a list of all the taxable property of the county and 
places a fair value on the same. This list is made out be- 
tween the first of June and the first of January in each year 
and is based upon the personal property and real estate 
owned by the taxpayers on the first day of June. When the 
assessment books have been approved by the county board 
of equalization they are turned over to the county clerk. 

The county board of equalization is composed of the 
county court, the county clerk, the surveyor, and the 
assessor. It is the duty of this board to equalize the valua- 
tion placed upon property, both real and personal, and to 
hear and judge all complaints made in regard to the increase 
of taxes. The board receives five dollars per day for the 
time actually employed in this work. 



74 GOVERNMENT OF MISSOURI 

The collector is elected for a term of four years and is 
ineligible as his own successor. After receiving the tax 
books which have been prepared by the county court, he 
gives notice of the time and place of making collections in 
the different townships and is required to make a monthly 
statement to the state and county treasurer of all taxes 
and licenses collected by him. Neither real estate nor per- 
sonal property is exempt from sale upon failure to pay taxes. 
Taxes become delinquent after the first of January, and 
then a penalty of one per cent a month is levied in addition. 
The collector is paid by fees. 

The treasurer is the custodian of the money of the county. 
He pays out money only on warrants properly signed by 
the county court. His term of office is two years and he 
cannot serve for more than two terms. He is required to 
give bond, and receives a reasonable compensation. 

The prosecuting attorney is elected for two years. It is 
his duty to represent the state in prosecuting crime and in 
all civil suits in which the state or county is a party. It is 
his duty to look after all fines, penalties, debts, and for- 
feitures due the state. He is the legal adviser of the county 
officials. He receives a salary ranging from $300 to $1000, 
according to the number of inhabitants in the county. In 
addition to his salary, fees are allowed him in certain cases. 

The county surveyor is elected for a term of four years. 
He is ex-officio road and bridge commissioner; he is required 
to keep a careful record of all surveys made by him, and, 
upon the order of courts of records must survey or resur- 
vey any tract of land the title to which is in dispute 
before the court. 

The school commissioner is elected for a term of two 
years by the qualified voters of the county. His election 
occurs at the time of the spring school elections ; that is, 



COUNTY AND TOWNSHIP GOVERNMENT 75 

on the first Tuesday in April. A candidate for this office 
must be at least twenty-one years of age and must hold a 
teacher's certificate. Women are eligible as county com- 
missioners. The county board of education, consisting of 
the county commissioner, a member appointed by the state 
board of education, and a member appointed by the county 
court, is required by law to hold examinations in March, 
June, and August of each year for the purpose of granting 
teachers' certificates. The county commissioner is author- 
ized to hold special examinations at other times for the 
purpose of granting special certificates to such teachers as 
could not attend the regular examinations. He is required 
to keep a record of all certificates granted, to settle disputes 
concerning boundary lines of districts, to make an annual 
report to the state superintendent, and to provide for the 
annual meeting of the teachers of the county. He may, for 
sufficient reasons, revoke the certificate of any teacher. 

In counties which have adopted county supervision the 
superintendent gives his whole time to a general super- 
vision of all the schools of the county, except in cities 
where the school enumeration is one thousand or more. 
His salary ranges from $200 to $1000, according to the 
population of the county. It is provided by law that any 
county, by a majority vote of its legally qualified voters, 
may adopt county supervision. This vote is taken at the 
time of the annual school election held in April. Twenty- 
four counties in the state have so far (1908) adopted 
county supervision. 

The coroner inquires into the cause of deaths by violence 
or by any unknown means. He impanels a jury of six men 
which investigates and reports upon the cause of death. 
If any individual is held responsible for the death, the 
coroner then takes measures to secure his arrest. The 



76 GOVERNMENT OF MISSOURI 

coroner sometimes acts as sheriff when that official is for 
any reason disqualified. He is eligible only four years in 
any period of six years. 

Though the county is the chief unit of local government, 
it is for convenience subdivided into smaller administrative 
divisions known as townships. In this state there are two 
kinds of townships, namely the "municipal" township and 
the " incorporated " township. The municipal township is 
not very important as a division of local government. In 
it two justices of the peace and a constable are elected, 
the former for a term of four years, the latter for two 
years. The duties of these officials are explained elsewhere. 

An incorporated township is of considerable importance, 
as it has corporate powers and takes over much of the busi- 
ness that would otherwise go to the counties. The people 
of any county may, by a majority vote, adopt this plan of 
township organization. In addition to the constable and 
the justices of the peace, an incorporated township elects 
a township trustee, a clerk, a collector, a board of directors, 
and the necessary number of road overseers. All of these 
officials hold office for a term of two years. At present 
only two counties in the state have township organization. 
Sixteen other counties had adopted this plan also, but a 
recent decision of the supreme court declared the method 
of its adoption illegal. 

The congressional township, six miles square, is not in 
reality a division of government, and need not be considered 
here. The school district, however, should be mentioned 
in this connection, though the discussion of its organiza- 
tion and activities is reserved for a later chapter. 



COUNTY AND TOWNSHIP GOVERNMENT yy 

QUESTIONS 

1. What are the chief local divisions of the state? Why is the 
state thus divided ? 

2. How many counties in the state ? What is the relation of the 
county to the state ? What is the area and population of your county ? 

3. What is the county seat of your county ? What is its importance ? 
Have you visited the courthouse ? 

4. Make a list of the more important county officials. What are 
the duties of each ? the terms ? the salaries ? 

5. What is a township? What township do you live in? How 
many townships in your county ? Draw a map of the county showing 
the townships. 

6. What is a municipal township ? an incorporated township ? a 
congressional township ? Which is the most important ? 

7. What are the boundaries of your school district? 

8. Are there good reasons for electing men to county offices because 
they belong to a certain party ? 



CHAPTER XII 

CITIES, TOWNS, AND VILLAGES 

The divisions of local government described in the pre- 
vious chapter are well adapted to the needs of any com- 
munity as long as it remains primarily agricultural in its 
interests, but they do not meet the requirements of those 
more densely populated areas which have developed so 
rapidly as a result of the changed industrial conditions of 
the past century. Consequently new forms of government 
have been devised to meet the new conditions, and to-day 
the sphere of municipal government is of great importance 
and calls for considerable emphasis in any discussion of 
local administrative activities. The following paragraphs 
will attempt to outline the chief features of municipal 
government in Missouri. 

Before the adoption of the present constitution (1875) a 
community desiring to organize as a town or city made ap- 
plication to the legislature for a charter of incorporation. 
This was an instrument in writing describing the bound- 
aries of the city and defining its powers of government. 
Thus each town was incorporated by a special act, but as 
this plan led to a lack of uniformity and to various other 
evils it has been done away with. Though these special 
charters cannot be taken away from the cities possessing 
them, they may be voluntarily surrendered with the con- 
sent of a majority of the voters. There are at present 
twenty-six cities in the state with such charters, including 
both St. Louis and Kansas City. A city organized under 

73 



CITIES, TOWNS, AND VILLAGES 79 

a charter may pass laws or ordinances for its government, 
provided these ordinances do not conflict with the provisions 
of the charter. 

To-day cities may be incorporated only under the gen- 
eral laws of the state. Thus, according to the terms of 
the present constitution, the cities of the state are divided 
according to population into four classes, and all those in 
the same class possess the same rights and are subject 
to the same restrictions. All cities having a.population of 
more than one hundred thousand are cities of the first 
class. Those having thirty thousand and less than one hun- 
dred thousand belong to the second class. Those having 
three thousand and less than thirty thousand belong to the 
third class. Those having five hundred and not more than 
three thousand belong to the fourth class. All towns with 
less than five hundred inhabitants, incorporated under a 
special charter, are classed with cities of the fourth class. 

If the inhabitants of an unincorporated city or town 
wish to receive articles of incorporation, they must present 
a petition to the county court signed by a majority of the 
taxpaying citizens. When the court is satisfied that the 
petition meets the legal requirements, it then declares 
the city or town incorporated, describes its boundaries, 
and names its temporary officials. 

Any town of less than five hundred inhabitants may 
organize as a village by presenting to the county court a 
petition signed by two thirds of the taxpaying inhabitants. 
If the petition is approved by the court, the village is then 
declared incorporated. A board of five trustees is appointed 
by the court, and the members of this board constitute the 
temporary officials of the newly created village. 

St. Louis, Kansas City, and St. Joseph are the only cities 
in the state which have more than one hundred thousand 



80 GOVERNMENT OF MISSOURI 

inhabitants. The two former are therefore considered cities 
of the first class, though they are governed by special 
charters. St. Joseph is still a city of the second class, as 
it does not wish to give up its present charter. According 
to the census of 1900 there are in Missouri thirty-two cities 
of the third class, two hundred twenty-one of the fourth 
class, eighty-seven towns, and two hundred twenty-eight 
villages. 

There are three more or less distinct departments in 
the administration of city affairs, namely, the legislative, 
the executive, and the judicial. The city council consti- 
tutes the legislative department. In some cities this body 
of lawmakers is called the board of aldermen, in others 
the house of delegates, and in still others the municipal 
assembly. The mayor and other officials represent the ex- 
ecutive authority, while the police magistrate constitutes 
the judicial department. No very definite line, however,, 
can be drawn between these various spheres of municipal 
activity. 

In most of the smaller cities the following officers are 
elected and hold office for a term of two years : the mayor, 
who is the chief executive officer, and who has a veto 
power in legislation ; the recorder, or the police judge, 
who is the chief judicial officer; the marshal, whose duties 
are similar to those of the constable or sheriff ; and the 
city attorney, who represents the city in all cases at law 
in which it is a party. In addition to these officials the 
people are called upon to elect a city council or lawmaking 
body. In the smaller cities organized under special charter 
the officials are practically the same as in those formed 
under the general law of the state. 

The appointive officers of a city are usually as follows : 
the clerk who keeps a record of the proceedings of the 



CITIES, TOWNS, AND VILLAGES 8 1 

council ; the auditor who is bookkeeper for the city ; the 
treasurer who has control of the city's money ; the col- 
lector who collects taxes and all other money due the city 
(duties often performed by the marshal) ; the assessor 
who makes an assessment of the property of the city, 
both real and personal, for the purpose of raising revenue 
to pay city expenses ; the street commissioner who super- 
intends all work on the streets; and the city engineer who 
establishes all grades for sidewalks and streets and does 
such other work as may be ordered. These officials are 
appointed by the council, or by the mayor with the approval 
of the council. 

In the larger cities many other offices are created as new 
needs arise. The lawmaking body is sometimes composed 
of two houses. There may also be a comptroller, recorder 
of deeds, public administrator, inspector of weights and 
measures, coroner, and others. The qualifications of these 
officers are, in general, the same as the qualifications for 
county officials. 

For convenience in government, cities and towns are 
divided into wards, the number depending on the class 
to which the municipality belongs. Voting precincts are 
arranged for each ward, and in order to prevent fraud in 
the elections each voter must cast his ballot in his own 
precinct. One or more members of the lawmaking body 
of the city must be elected from each ward, in order that 
all the people may be fully represented. 

In cities of the first and second class there are city 
boards of equalization, whose business it is to protect 
the taxpayer against assessments on unusually high valua- 
tions. In all other cities the county boards of equalization 
have the right to increase or decrease the assessed valua- 
tion of property. 



82 GOVERNMENT OF MISSOURI 

In cities having less than one thousand inhabitants 
the rate of taxation, for city purposes, shall not exceed 
twenty-five cents on the hundred dollars valuation. In 
cities having between one thousand and ten thousand in- 
habitants the rate shall not exceed fifty cents. In cities 
having more than ten thousand and less than thirty thou- 
sand inhabitants the maximum rate is sixty cents, and in 
cities of more than thirty thousand inhabitants it is one 
dollar. For the purpose of paying an indebtedness in- 
curred by a two-thirds vote of the city, an additional rate, 
not to exceed five per cent of the assessed valuation of 
the city's property, may be levied. 

The cost of maintaining city property becomes greater 
as the city itself develops. Special taxes are assessed for 
paving, grading, and macadamizing the streets, for police 
and fire protection, and for public utilities of all sorts. The 
cost of these improvements must necessarily be paid by 
taxation, either from the city revenues or by the property 
owners immediately affected by the proposed improvements. 
In spite of the higher cost of living, however, there are 
many advantages in the city which country people do not 
have. As a rule the cities have better schools than smaller 
towns ; also they usually have well-equipped free libraries, 
museums, and other educational facilities which would 
clearly be impossible in less thickly settled localities. 

St. Louis is the largest city in Missouri and the fourth 
in size in the United States. Its per cent of increase in 
population from 1890 to 1900 was 27.3. At the time of 
the last census its population was nearly six hundred thou- 
sand, making it the greatest city on or near the Mississippi 
river. It takes rank as the fourth manufacturing city in the 
United States. It is the terminus of twenty-four railway 
lines and has one of the largest union stations in the world. 



CITIES, TOWNS, AND VILLAGES 



83 



The city covers an area of sixty-two and one-half square 
miles, with a river frontage of twenty miles. In 1876 the 
Scheme and Charter was adopted which made it independ- 
ent of the county government. 

The following are the ten largest cities in the state, 
given in order of size, with their respective populations 
according to the last census : 



1. St. Louis . 

2. Kansas City 

3. St. Joseph 

4. Joplin . . 

5. Springfield 



575,238 

163,752 

102,979 

26,023 

23,267 



6. Sedalia . . 

7. Hannibal . 

8. Jefferson City 

9. Carthage . . 
10. Webb City . 



I5, 2 3i 

12,780 

9664 

9416 

9201 



Kansas City ranks as the twenty-second city in size in the 
United States and St. Joseph as the thirty-fourth. 



QUESTIONS 

1. Why do the problems of local government change as towns 
and cities develop ? 

2. What was the method of getting a city charter before 1875? 
Compare the method followed to-day. Why are cities divided into 
classes ? What population is required for each class ? 

3. How may an unincorporated town obtain articles of incor- 
poration ? 

4. How may a village be organized ? 

5. What is the legislative body of a city? the executive depart- 
ment ? the judicial department ? Give illustrations of the work of each, 
and show how they overlap. 

6. What is an ordinance ? (Get a copy of a newspaper contain- 
ing one.) 

7. Name the more important city officials. What are the duties 
of each ? 

8. Why is a city divided into wards ? If you live in a city, tell 
what ward you belong to. Can you give its boundaries? 

9. What is the limit of taxation in cities? .Why should this de- 
pend upon population ? 



84 GOVERNMENT OF MISSOURI 

10. Why should taxation be higher in towns and cities than it is 
in the country ? Is incorporation an advantage or a disadvantage ? 

11. Give several facts showing the importance of the city of St. 
Louis. 

12. Locate on the map the ten largest cities in Missouri. How do 
our largest cities rank with those of other states ? 

13. How many villages, towns, or cities in your county ? Put them 
on your map of the county. 

14. Did you ever attend a meeting of a city council ? If so, 
describe the proceedings. 



CHAPTER XIII 

THE PUBLIC SCHOOL SYSTEM 

Education is regarded by the state as a matter of great 
importance because it gives increased efficiency and needful 
training in citizenship to the people. Thus, the constitution 
of Missouri provides as follows : "A general diffusion of 
knowledge and intelligence being essential to the preser- 
vation of the rights and liberties of the people, the general 
assembly shall establish and maintain free public schools 
for the gratuitous instruction of all persons in this state 
between the ages of six and twenty years." The school 
system, established in accordance with this provision, em- 
braces the district schools, the village, town, and city 
schools, the normal schools, and the State University. For 
the maintenance of this educational system funds are avail- 
able from various sources, namely, from the United States 
government, from the state, the county, the township, and 
the district, and, finally, from certain special funds devoted 
to this purpose. 

As the university and normal schools will be discussed 
under the head of State Institutions, only the public school 
system proper will be treated in the following paragraphs. 

The state school fund is derived from the sale of certain 
lands granted by the general government to the state for 
educational purposes. In the first place, saline lands were 
contained in this grant, and later the swamp lands. Only a 
few years ago many thousand acres of swamp lands were 
given to the state for this purpose. The funds arising from 

S; 



86 GOVERNMENT OF MISSOURI 

the sale of this land are invested by the state and the inter- 
est is used for the support of the public schools. Another 
source of revenue is that from the estates of persons who 
die without heirs. The sale of such property is made and 
the money arising therefrom is turned into the state school 
fund. From these two sources the state public school fund 
now amounts to $3,159,223. 

The county school fund is derived from fines, penalties, 
and forfeitures. As these funds belong to the counties, 
loans are made from them by the county courts, and the 
interest derived therefrom is used for the support of the 
public schools. The constitution requires that on such 
loans the county court shall require both real estate and 
personal security. Owing to the vast amount of money 
seeking investment, it is sometimes difficult to make loans 
of the school money on double security when banks are 
satisfied with either real estate or personal security. This 
fund is now $4,804,390 for all the counties, and is in- 
creasing very rapidly. 

By an act of Congress dated March 6, 1820, the national 
government generously gave the sixteenth section of every 
congressional township to be used for common school pur- 
poses. The first constitution of the state provided that 
this section in each township should be sold and the pro- 
ceeds devoted to a township school fund. This fund now 
amounts to a total of $3,997,608. 

The constitution also provides that at least one fourth 
of the ordinary revenue of the state shall be appropriated 
for the use of schools, but for many years the legislature 
has been appropriating one third of the revenue for this 
purpose. This appropriation, together with the income 
from the state public school fund, is divided among the 
counties and school districts in proportion to the number 



THE PUBLIC SCHOOL SYSTEM &J 

of children of school age in these local subdivisions. In 1907 
each district received $1.42 for each child of school age. 

The local or district fund is obtained by direct taxation. 
The law requires each district to vote a tax of forty cents 
on the hundred dollars valuation for school purposes. This 
rate may be increased to sixty-five cents in the country 
districts, and to one dollar in cities, towns, and villages, if 
two thirds of the voters favor such increase. If the dis- 
trict orders the building of a schoolhouse, it must vote a 
further tax of forty cents on the hundred dollars valuation 
to pay for it, and by a two-thirds vote this amount may be 
increased to sixty-five cents on the hundred dollars valua- 
tion in country districts, and to one dollar in cities, towns, 
and villages. Thus it will be seen that in cities, towns, 
and villages a tax of one per cent may be levied for the 
support of the schools and the same amount may be levied, 
in addition, for building purposes. In country districts a 
tax of sixty-five cents may be levied for the support and 
maintenance of the schools, and a similar amount, as above 
provided, may be voted for building purposes. 

In addition to the local taxes, the state appropriations, 
and the various school funds, there are various other sources 
of revenue available for the support of the schools. Most 
important of these, perhaps, are the railroad taxes, which 
amounted during the year 1906- 1907 to something over 
$600,000. There is also a seminary fund of $1,244,801, 
the income from which is used for the support and main- 
tenance of the State University and the School of Mines 
and Metallurgy. Still other sources of income arise from 
special district funds, from delinquent taxes, and from the 
tuition received from nonresident pupils. 

The only debt the state of Missouri now has is a bonded 
school debt consisting of certificates of indebtedness 



88 GOVERNMENT OF MISSOURI 

amounting to $4,398,839.42. Under the provisions of a 
law enacted in 1903, when one of these certificates matures 
it shall be canceled by the state board of education and 
a new certificate for a like amount in renewal thereof shall 
be executed by the governor for a period of twenty years. 
The new certificates are to bear the same rate of interest 
as those canceled, and this interest is to be paid semi- 
annually, that is, on the first day of January and of July of 
each year. The state tax of two cents on the hundred dollars 
valuation is for the purpose of making this payment. 

A school district may be formed whenever a majority 
of the voters so decide. It is provided that such proposed 
district shall have in it at least twenty children between 
the ages of six and twenty. In forming a new district by 
dividing other districts, those divided as well as the one 
to be formed must contain at least thirty children of school 
age. Small districts make the school very convenient to the 
children, but are a great disadvantage as far as the question 
of revenue is concerned. 

The school law provides that on the first Tuesday in 
April, each year, the qualified voters of each district shall 
meet and elect a director for a term of three years. Each 
country district has three school directors, but only one is 
elected each year. A vote is taken to determine the length 
of the school term and the rate of taxation. If the district 
has no schoolhouse, the assembled voters may determine 
to build one and decide what rate shall be levied to pay for 
the same. At this election, every other year, the voters 
express their choice for a school commissioner or a county 
superintendent. There are also many other subjects which 
may be considered at this meeting, such as changing the 
boundary lines of the district, the salary to be paid for a 
teacher, the procuring of fuel, and other matters of interest. 



THE PUBLIC SCHOOL SYSTEM 89 

The board of directors organizes by electing one of its 
members president and by choosing a secretary, who may 
or may not be a member of the board. They are governed 
by a few simple regulations, and make such rules for the 
government of the school as may be necessary. The board 
is required to continue the school eight months or more 
in each year, if the tax of forty cents on the hundred dollars 
valuation will pay for the same. If, at the annual meeting, 
a new schoolhouse has been determined upon, the board 
may issue bonds, sell the same, and direct a levy on the 
district to pay them. The board is also given power to 
employ teachers and to make contracts with them. The 
law provides, however, that no contract is binding unless 
the teacher holds a certificate in force for the time for 
which he is engaged. This contract is signed by the teacher 
and the president of the board, and is attested by the 
clerk. 

While the law provides that three or more districts may 
unite in order to form a "consolidated" high school, this 
has not been done to any considerable extent, and thus 
the high schools of the state are practically confined to the 
towns and cities. In the rural districts, as well as in 
the graded schools in villages, towns, and cities, only the 
more elementary subjects are supposed to be taught, and 
the more advanced work is left to the high schools. But 
as there are very few consolidated high schools in the 
country districts, some of the subjects of study belonging 
to a high school course are taught in the rural schools. 

The districts comprising incorporated cities, towns, or 
villages have a larger population and a smaller and more 
compact area than the common school districts, and con- 
sequently they are usually able to maintain better schools. 
In these districts there is no meeting of the qualified voters, 



9 o GOVERNMENT OF MISSOURI 

but instead there is held on the same date an annual school 
election. Also the number of school directors is six, two 
of them being elected each year for a term of three years. 
And, furthermore, the number of teachers is necessarily 
increased, and supervisory officials, known as principals 
and superintendents, are appointed. 

In addition to the elementary or graded schools these 
districts may establish secondary schools, or high schools 
as they are called, for the further training of the children 
of the district. At present there are four hundred and 
thirty high schools in the state, classified by the state 
superintendent according to the character and extent of 
the course of study followed by them. 

A number of years ago a system of graded state and 
county certificates was established in Missouri. County 
certificates are of three grades : a third grade is valid for 
a period of one year, a second grade for two years, and a 
first grade for three years, in the county in which they are 
granted. There are at present two grades of state certifi- 
cates, one for five years and one for life. The school law 
outlines the requirements necessary for the issuance of 
these various certificates. 

The constitution provides that "separate free public 
schools shall be established for the education of children 
of African descent." It is also provided that the length 
of term must be the same as it is in the schools for white 
children. Whenever there are as many as fifteen colored 
children of school age in a district, a schoolhouse must be 
provided for them by the board. If there are fewer than 
fifteen, they may attend any school for colored children in 
the county and the school board must pay their tuition. 



THE PUBLIC SCHOOL SYSTEM 91 

QUESTIONS 

1. Why does the state constitution emphasize a free public school 
system ? What schools compose this system ? 

2. From what sources is the state school fund derived? the 
county school fund ? the township school fund ? 

3. How much of the state revenue is appropriated for the schools ? 
How is the school money apportioned ? How much did your district 
get in 1907? 

4. How is the district fund obtained ? How much may be levied 
for school purposes in country districts ? in city districts? What is 
the levy in your district ? 

5. What is the " seminary fund " ? What is meant by delinquent 
taxes ? What is meant by nonresident pupils ? 

6. Explain the "certificates of indebtedness." Why does the 
state thus assume a permanent debt ? 

7. How may a school district be formed ? Is it better to have a 
small district or a large one ? 

8. What business may be transacted at the April school meeting? 
Who are the members of your school board ? What are their duties ? 
Why should a teacher be required to have a certificate ? 

9. What is meant by a " consolidated school district " ? Discuss 
the advantages and the disadvantages of this plan. 

10. Compare the town or city school district with the common school 
district. 

11. What provisions are made for the education of colored 
children ? 

12. Do you think the state justified in passing a law for compul- 
sory education ? 

13. Should the state pass a law establishing county supervision? 



CHAPTER XIV 

ELECTIONS AND CITIZENSHIP 

A purely democratic form of government is clearly im- 
possible in our country on account of the vast extent of 
the country and the great number of its inhabitants. Hence, 
at stated periods fixed by law, elections are held for the 
purpose of choosing representatives to act for the people 
not only as law makers but also as law enforcers and law 
interpreters. In the state constitution under the Bill of 
Rights these words occur: "All elections shall be free 
and open ; and no power, civil or military, shall at any 
time interfere to prevent free exercise of the right of suf- 
frage." The constitution further provides that a general 
election shall be held biennially, on the Tuesday next fol- 
lowing the first Monday in November. Though it is pro- 
vided that the general assembly may change this date by 
a two-thirds vote of all the members of each house, such 
power has as yet never been exercised. It happens that 
these elections come in the even-numbered years. 

" Every male citizen of the United States, and every 
male person of foreign birth who may have declared his 
intention to become a citizen of the United States accord- 
ing to law, not less than one year nor more than five years 
before he offers to vote, who is over the age of twenty-one 
years, possessing the following qualifications, shall be en- 
titled to vote at all elections by the people : first, he shall 
have resided in the state one year immediately preceding 
the election at which he offers to vote ; second, he shall 

92 



ELECTIONS AND CITIZENSHIP 93 

have resided in the county, city, or town where he shall 
offer to vote at least sixty days immediately preceding 
the election." 

The right of suffrage is thus restricted to certain classes, 
and is not coextensive with citizenship. The Constitution 
of the United States defines citizenship in the following 
words : " All persons born or naturalized in the United 
States and subject to the jurisdiction thereof, are citizens 
of the United States and of the state wherein they re- 
side." A person born in the United States is a ''natural- 
born" citizen, and can hold any office in the United States. 
A person born in a foreign country or of foreign parent- 
age, who has declared allegiance to this government, is a 
"naturalized" citizen and can hold any office in the United 
States except that of President or Vice President. It 
should be borne in mind, however, that citizenship does 
not necessarily imply the right of voting. A person may 
be a citizen and not possess this right at all. 

In fact, the right to vote is not a natural right, but is 
determined by law, and we find the law denying the suf- 
frage to certain classes. Aliens are those who reside in this 
country, but are subjects of foreign governments. They 
are not citizens and consequently can take no part in polit- 
ical affairs. They have full enjoyment of social rights, but 
in some states their property rights are restricted. In a 
few states women have the right of suffrage equally with 
the men. In some states they have the right to vote upon 
school matters. In one state, Kansas, they are allowed to 
vote in municipal elections. Missouri has never made any 
provision for woman suffrage, and at a recent session of 
the legislature, the legislators went on record as being 
opposed to the holding of office by women. Everywhere 
minors are denied the right of suffrage. 



94 GOVERNMENT OF MISSOURI 

Before considering the state and county elections in 
Missouri it may be well to notice the manner of electing 
the President of the United States, as well as the way in 
which the United States senators and representatives are 
selected to represent the state in national affairs. 

The President is not elected by a direct popular vote, 
but by electors who are chosen by the people. In the 
election of the President each state selects a number of 
electors equal to the whole number of senators and repre- 
sentatives that it has in Congress. Thus, as Missouri has 
sixteen representatives and two senators, the state is en- 
titled to eighteen electors. The names of these electors 
are placed on the respective party tickets and are voted 
upon by the qualified voters of the state. Those electors 
receiving the highest number of votes meet in their re- 
spective states and vote by ballot for President and Vice 
President, naming specifically the person voted for as Presi- 
dent and the person voted for as Vice President. The 
result of this ballot is signed, certified, and transmitted to 
the seat of government of the United States. 

The president of the Senate counts the votes in the pres- 
ence of the Senate and House of Representatives. The 
person having the greatest number of votes for President 
is declared elected, provided that such number be a ma- 
jority of the whole number of electoral votes. If it should 
happen that no one has a majority, then from the candi- 
dates, not exceeding three, who have the highest number 
of votes the House of Representatives chooses a President 
by ballot. In voting, however, the House of Representa- 
tives votes by states, each state having one vote, and a 
majority of all the states is necessary to a choice. If the 
House of Representatives should fail to choose a President 
before the fourth day of March next following the election, 



ELECTIONS AND CITIZENSHIP 95 

then the Vice President would act as President. The 
person having the greatest number of votes for Vice Presi- 
dent is declared elected, provided that he has received a 
majority of the whole number of votes. If no one has a 
majority, then from the two candidates having the highest 
number of votes the Senate shall choose the Vice Presi- 
dent. A quorum for this purpose consists of two thirds 
of the whole number of senators, and a majority of the 
whole number is necessary to a choice. 

Each state, regardless of the extent of its territory or 
the number of its inhabitants, is entitled to two United 
States senators. These are elected for a term of six years 
by the legislature of the state. As was explained in a 
previous chapter, there are one hundred and seventy-six 
members of the Missouri legislature, one hundred and 
forty-two representatives, and thirty-four state senators. 
When a United States senator is to be elected these two 
legislative bodies of the state meet in joint session, the 
President of the state senate presiding, and by ballot they 
elect a United States senator. 

The state is divided into sixteen congressional districts, 
and each district is entitled to one representative in the 
national Congress. These representatives are selected at 
the general election by a direct vote of the people in the 
respective districts. They hold office for two years. 

Under the present system of voting in Missouri the 
county court appoints four judges of election for each pre- 
cinct. These judges must be qualified voters and able to 
read and write. They in turn appoint four clerks of the 
election. They also decide all questions regarding the 
qualifications of voters. If the judges are satisfied that 
the person before them is a legally qualified voter, they 
hand him a ballot on which is printed the names of all 



96 GOVERNMENT OF MISSOURI 

candidates nominated by the party to which he belongs. 
In the designated voting places booths are so constructed 
that only one voter at a time can occupy a booth. The 
number of booths must be one for each hundred voters at 
the preceding election. Each booth is provided with a 
writing shelf and pencil. A constable has charge of the 
voting place and allows no one near the booths except those 
voting, and no one is allowed to stay within a booth more 
than five minutes. In order to prevent a voter from using 
a ticket prepared by some one before he enters the polling 
place, the two judges who have charge of the ballots must 
write their names or initials on the back of each ticket 
voted, either with ink or with an indelible pencil. When 
the voter enters the booth he marks the ballot as he de- 
sires, folds it so as to leave the initials of the judges out- 
side, and hands it to the judges, who number it in the 
order in which it is received. The clerks then write his 
name and the number of his ballot on the poll books and 
deposit the ballot in the ballot box. 

No voter is allowed to take away from the place of vot- 
ing a ballot received from the judges, but if he wishes to 
retire after having received his ballot he must return it to 
the judges. If a voter has spoiled his ballot he must return 
it to the judges and receive another. Should the voter be 
unable to read and write, the judges may prepare his bal- 
lot. Voting places must be kept open from seven in the 
morning until six in the evening ; but in cities of twenty- 
five thousand population or more, the polls must be kept 
open from six in the morning until seven in the evening. 
The sheriff provides two ballot boxes for each precinct, 
and delivers them to the constable, whose duty it is, at the 
proper time, to give them to the judges of the election. 
Two poll books are also furnished each precinct. 



ELECTIONS AND CITIZENSHIP 



97 



After the votes have been counted by the judges they are 
sealed in a package and delivered to the county clerk, who 
keeps them for a year. These packages are not to be in- 
spected unless there is a contest. The poll books are also 
signed by the judges of election and attested by the clerks. 
Within two days after the election one of the poll books 
is sent to the county clerk ; the other is retained by the 
judges, and is open to inspection. Within five days after 
the election the county clerk, with the assistance of two 
judges of the county court, examines and counts the votes 
given to each candidate, and the clerk issues certificates 
of election to those having the highest number of votes. 
The judges and clerks of the election receive as compen- 
sation such amounts as the county court may consider just 
and reasonable, but the maximum is one dollar and fifty 
cents a day. 

Within thirty days after the election each candidate for 
office must file with the county clerk an itemized state- 
ment of his campaign expenses, giving the purpose for 
which the money was expended. A duplicate of this state- 
ment is filed with the recorder of deeds. No certificate of 
election can be issued until such statement is made, and 
those failing or refusing to comply with this law are sub- 
ject to fine and removal from office. 

The method of voting in Missouri, as described above, 
is a modified form of the Australian ballot system. This 
system was inaugurated in Australia as early as 1857. 
Massachusetts, in 1888, was the first state in the federal 
Union to adopt it, but in the following year nine states, 
including Missouri, passed laws providing for a new 
method of voting more or less resembling the Australian 
system. Since that time nearly all the other states have 
adopted the system, at least in a modified form. 



98 GOVERNMENT OF MISSOURI 

QUESTIONS 

1. Why is a purely democratic government impossible in a large 
and populous country ? How then do the people express their will ? 

2. When is the general election held ? Who are entitled to vote ? 

3. How does the Constitution of the United States define citizen- 
ship ? Should women be given the right to vote ? Should aliens ? 
Should minors ? 

4. How is the President of the United States elected? How 
many votes in the electoral college does Missouri possess ? 

5. How are United States senators elected ? What is meant by 
a joint ballot ? Do you know why every state was given the same 
number of senators ? 

6. Do you think United States senators should be elected by a 
direct vote of the people ? Why ? 

7. How many representatives is Missouri entitled to? What 
determines the number? (See Constitution of the United States.) Draw 
a map of your congressional district. 

8. What are the duties of the judges of election ? Describe a 
booth. What is a ballot? Who counts the votes? What is meant 
by a contested election ? How is such contest decided ? 

9. Why are candidates required to file statements of their 
expenses ? 

10. Give a brief history of the Australian ballot system. 

11. Topics for discussion: (a) political parties; (I?) the caucus 
and the primary ; (V) the political convention ; (d) " machine politics"; 
(e) the party platform ; (/) the campaign. 



CHAPTER XV 

TAXATION AND REVENUE 

In order to defray the various expenses of any govern- 
ment it is necessary to demand contributions from the 
people. Such a contribution or payment is called a tax. 
There are two kinds of taxes — direct and indirect. Direct 
taxes are those levied upon property — real or personal — 
and are paid by the person to whom the property belongs. 
Indirect taxes are duties imposed on articles of consump- 
tion and are paid by the purchaser as a part of the price 
of the article. For example, taxes on liquors and tobacco 
and on articles imported into the country are indirect 
taxes. All taxes going to the general government are at 
present indirect, though that government has the power 
to levy a direct tax. State and county taxes are both 
direct and indirect, though most of the revenue comes 
from direct taxation. 

Taxes levied upon goods imported into a country are 
known as " customs " duties. This species of tax is usu- 
ally called a tariff. The English government at one time 
required all vessels entering the strait of Gibraltar to land 
at Tarifa, a seaport near the entrance to the strait, in 
order to pay tribute. This practice explains to us the 
origin of the word " tariff." Our government requires all 
merchants bringing certain classes of foreign goods into 
our markets to pay a customs duty or tariff, which is added 
to the cost of the goods and paid ultimately by the con- 
sumer, as indicated above. 

99 



lOO GOVERNMENT OF MISSOURI 

If the imported goods are taxed with reference to their 
quantity, the duty is known as a specific duty ; if they are 
taxed with reference to their value, the duty is called an ad 
valorem duty. The larger part of the revenue required to 
defray the expenses of the national government is derived 
from these customs duties. In addition, however, the gov- 
ernment maintains an internal revenue tax, or excise tax, 
levied upon certain articles produced in this country, such 
as liquors and tobacco. 

It is just as necessary, however, to meet the current 
expenses of the state, the county, the township, and the 
city, as it is that the national government should be sup- 
ported. It is quite evident that the various officers must 
be paid, that roads and streets must be constructed and 
kept in repair, that public buildings must be erected, that 
schools must be supported, and that many other things 
must be done which require an expenditure of .public money. 
A large part of the necessary revenue is raised by a direct 
tax levied on the real and personal property of the citizens 
of the state or locality. In addition, however, considerable 
revenue is derived from merchants' and peddlers' licenses, 
from dramshop licenses, from the corporation tax, from the 
tax on foreign insurance companies, from the manufacturers' 
tax, from the tax on railroads and express companies, and 
from various other sources, both state and local. More re- 
cently a collateral inheritance tax has been established for 
the support of the State University. 

The tax is fifteen cents on the hundred dollars for state 
purposes, and a considerable part of this is given back to 
the counties for the use of the schools. In addition to 
this fifteen cents, however, the* taxpayers must pay a tax 
of two cents on the hundred dollars valuation for the pur- 
pose of paying interest on the school certificates. Thus 



TAXATION AND REVENUE IOI 

the state tax, which every citizen must pay, is seventeen 
cents on the hundred dollars valuation, the lowest state 
tax in any state in the Union. 

In the various counties the rate of taxation ranges from 
thirty-five to fifty cents on the hundred dollars, depending 
on the amount of property in the county. The constitu- 
tion provides that for county purposes the rate of taxation 
shall not exceed fifty cents on the hundred dollars valua- 
tion whenever the property in the county is assessed at 
six million dollars or less. When the valuation is more 
than six and less than ten million dollars, the rate shall 
not be more than forty cents on the one hundred dollars 
valuation. In counties having more than ten million and 
less than thirty million dollars' worth of property, the rate 
shall not exceed fifty cents. When the taxable property 
amounts to thirty million dollars or more, the rate shall 
not exceed thirty-five cents on the hundred dollars 
valuation. 

When a citizen pays his taxes to the collector the money 
is apportioned to the various purposes for which it is in- 
tended, namely, the state, the county, the school, and the 
road fund. The rates given in a Cole county tax receipt 
for the year 1907 may be taken as a fair average of the 
rates prevailing in the various counties of the state : rate 
for state taxes, seventeen cents on the hundred dollars 
valuation ; for county purposes, fifty cents ; for the road 
fund, five cents ; for school purposes, forty cents. If the 
taxpayer lives in a city, he pays the city taxes also. The 
city has its own collector, but all the other taxes are col- 
lected by the county collector. Under the present law, if 
these taxes are not paid within five years from the time 
they become due and payable, they cannot be collected, 
but the officials have the power to compel payment within 



102 GOVERNMENT OF MISSOURI 

the specified time through the seizure and sale of the 
property of the delinquent taxpayer. 

In conclusion, a few general principles are here given 
upon which every system of taxation should be based. 

1. Every citizen ought to contribute to the support of 
the government according to his ability to pay and accord- 
ing to the protection he receives. 

2. Taxes ought to be collected at such a time and in 
such a way as will be most convenient for the taxpayer. 

3. Estimates for the amount of revenue needed should 
be carefully made in order not to collect money from the 
people and have it lie idle in the vaults of the treasury. 

4. The heaviest taxes should be imposed on such com- 
modities as are regarded as luxuries or considered to be 
injurious to the people. 



QUESTIONS 

1. What is a tax? Give examples of direct and of indirect taxa- 
tion. What are the advantages and disadvantages of each method ? 

2. What are " customs duties "? Give examples of specific and ad 
valorem duties. What is the policy of the United States in regard to 
the tariff? Does Missouri pay any part of the duties levied on 
imports ? 

3. What is an excise tax? Give examples. Do you justify such 
taxation ? Does Missouri pay any of this tax ? 

4. Why are state and local taxes levied ? How many ways of rais- 
ing money by taxation can you mention ? 

5. W T hat is the rate of state taxation ? If a man is assessed at 
$2500, how much will the state get ? 

6. What is the rate of taxation for county purposes ? What is the 
rate in your county ? 

7. Whose duty is it to determine how much property a person has ? 
Who collects the taxes ? Can a man be compelled to pay his taxes ? 

8. Explain four general principles of taxation. Is it right that a 
wealthy man should pay more than his poorer neighbor ? 



TAXATION AND REVENUE 



03 



9. Give arguments for and against the collateral inheritance tax. 

10. Find the rate for state, county, road, and school purposes in 
your neighborhood. Compare with Cole county. If you live in a 
town or city, add the city tax. What is the total ? 

11. Is the lowest rate of taxation always the best ? 

12. Should a man possessing property worth $50 or less be exempt 
from taxation ? 

13. Should schools and churches be exempt from taxation ? 



CHAPTER XVI 

THE CARE AND MAINTENANCE OF HIGHWAYS 

In the past the public highways of Missouri have not 
received the attention that their importance really demands. 
Perhaps indifference or neglect on the part of the people 
will largely explain the failure of legislators to devise 
suitable legislation on this question. For many years a 
poll tax was depended upon to furnish a large part of the 
revenue devoted to the maintenance of the roads. This 
was not usually paid in money, but the citizens were 
allowed to work out the tax on the roads, with the result 
that the work was apt to be done very imperfectly or even 
not done at all. From time to time laws have been passed, 
providing for a small levy to be made upon the taxpayers 
of the county for road purposes, but these laws have, for 
various reasons, failed to bring about the desired results. 
In 1900 an amendment to the constitution was adopted, 
which provided for a levy of fifteen cents on the hun- 
dred dollars valuation for road purposes, but this law was 
recently declared unconstitutional by the supreme court. 
Since this decision only five cents on a hundred dollars 
valuation has been collected for road purposes in many of 
the counties. In all of these laws the chief defect has 
been the lack of a systematic plan of road building and 
an intelligent supervision of maintenance and repairs. 

In the last few years there has been a strong agitation 
for good roads, and many different plans have been dis- 
cussed. As one result of this agitation the Forty-fourth 

104 



CARE AND MAINTENANCE OF HIGHWAYS 105 

General Assembly of Missouri appropriated perhaps as 
much as one and a half million dollars for road purposes, and 
also enacted laws which may ultimately provide good roads 
in the state. A brief outline of these laws as they exist 
to-day will perhaps bring the situation clearly before us. 

The general assembly appropriated for the roads of the 
state a large sum of money, amounting to $475,198.13, 
received in 1905 from the United States government in 
payment of some old claims of the state for arming, equip- 
ping, and maintaining troops to protect the interests of the 
Union in Missouri during the period of the Civil War. 

Another source of revenue for the road fund was pro- 
vided in a law which requires that when anything is sold 
for future delivery there must be a stamp of the value of 
twenty-five cents placed upon the record of transfer to make 
the transaction legal. The funds derived from the sale of 
these stamps are to constitute a road fund which shall be 
distributed to the several counties of the state and to the 
city of St. Louis in the same proportion and in like manner 
as the state school funds are now distributed. It is esti- 
mated that the revenue derived from this tax will amount 
to more than half a million dollars biennially. 

There was also appropriated by the legislature, from 
the general revenue of the state, the sum of five hundred 
thousand dollars for a " general state road fund," to be 
used in the several counties and in the city of St. Louis in 
the manner prescribed by law, for the purpose of aiding in 
the construction of roads, provided these local communi- 
ties pay at least half the cost of such construction or 
improvement. The general road fund thus created is to 
be augmented by all money accruing to the state from 
any general or special levy of taxes for road purposes, or 
through any other source. The fund thus obtained is to be 



106 GOVERNMENT OF MISSOURI 

expended only in the construction or permanent improve- 
ment of roads in the state, and is to be distributed in the 
following manner. When the county, the district, or the citi- 
zens of any locality shall provide for one half of the cost of 
construction of said roads, then the state will pay from this 
fund the other half ; but the whole amount must be appor- 
tioned and distributed to the several counties of the state 
and to the city of St. Louis in proportion to the assessed 
valuation of their property. There is a provision, however, 
that no county or city shall be entitled to receive from the 
fund in any one year more than five per cent of the total 
amount belonging to the state road fund for use in that 
year. The law further provides that applications from the 
several counties for their portion of this fund must be sent 
to the state auditor on or before the first day of June of 
each year, and that all parts of such fund not applied for 
within two years shall revert to and remain a part of the 
general state road fund. 

The law of the state also provides for a dramshop license 
of not less than $100 nor more than $200 for state pur- 
poses, and not less than $250 nor more than $400 for 
county purposes, for every period of six months, the amount 
to be left to the discretion of the court granting such license. 
The county court is required to set apart two thirds of all 
the revenue derived by the county from the saloons as a 
special road fund for the county, to be divided among the 
various road districts in proportion to the number of miles 
of public roads in each district. 

There is also levied for road purposes a poll tax on 
every able-bodied male inhabitant of the state over twenty- 
one and under fifty years of age. This tax is never less 
than two dollars nor more than four dollars, and it may 
be paid either in money or in labor, at the rate of one 



CARE AND MAINTENANCE OF HIGHWAYS 107 

dollar a day for a man or two dollars a day for a man 
and team. 

In some respects the most promising law is the one 
establishing the office of state highway engineer and pro- 
viding for the appointment of a county highway engineer 
in each of the various counties. The state highway engi- 
neer is appointed by the state board of agriculture for a 
term of four years, and his salary is fixed at $2400. His 
duties are (1) to devise plans and systems of highway con- 
struction best suited to the different counties ; (2) to assist 
and advise county courts, township boards, and other offi- 
cials whenever requested to do so ; (3) to superintend the 
demonstrations of road building in the various counties; and 
(4) to make investigations and disseminate information con- 
cerning the problems of road building. The county highway 
engineer is appointed by the county court. It is his duty 
to superintend the building of roads in the county, subject 
to the orders of the state engineer. His salary, as fixed by 
the county court, may vary from $300 to $2000, depending 
upon circumstances. 

A law providing for the dragging of the roads was also 
enacted by the Forty-fourth General Assembly. However, 
the road overseer is not allowed to expend more than five 
dollars per mile in any one year for this purpose, except 
upon rural mail routes, and these do not receive more than 
ten dollars per mile. Another law provides that no poles 
for the.suspension of wires shall be erected on any highway 
without obtaining permission from the county court, and 
then not so as to obstruct traffic and public use. Still 
another relates to counties having township organization, 
and provides as follows: (1) the township board at the 
April meeting each year shall assess a poll tax and also 
the amount of road tax to be levied on real and personal 



ioS GOVERNMENT OF MISSOURI 

property ; (2) in addition they assess all railroads, tele- 
graph and telephone lines outside of the incorporated 
cities, towns, and villages ; (3) the township clerk must 
certify the amounts assessed in the township and send a 
statement of them to the county clerk on or before the 
tenth of August each year ; (4) the county court shall 
levy the rate thus certified by the township clerk. 

Special road districts may be formed upon petition to 
the county court, signed by the requisite number of quali- 
fied voters. The boundaries of a special road district may 
also be extended by a petition signed by fifty qualified 
voters of the proposed district. Not less than twenty-five 
of these voters must reside in the old district, and not less 
than fifteen in the territory proposed to be annexed. If 
the district should embrace parts of more than one county, 
the petition must be sent to the county courts of all the 
counties affected. The county court shall then give notice 
of an election, and the voters decide by a majority vote 
whether or not the boundaries shall be extended. If the 
vote is favorable to the proposed extension, the county 
court then makes an order to that effect, and appoints a 
road commissioner to superintend the work of construc- 
tion and improvement in the new district. Whenever any 
incorporated city, town, or village fails to maintain its 
corporate existence, the county court of the county in 
which such municipality is situated shall attach it to an 
adjacent road district, and the road commissioner of that 
district shall have control of its highways and streets. 

The main features of the general road law are as follows. 
A petition signed by one hundred taxpaying citizens may 
be presented to the county court, asking that an election 
be held, submitting to the qualified voters of the county 
a proposition to issue bonds for the purpose of building 



CARE AMI MAINTENANCE OF HIGHWAYS 109 

macadamized roads. The county court shall order an elec- 
tion within forty-five days after receiving such petition, 
provided that the county indebtedness is not ahead) as 
much as the constitution allows. The election held for 
this purpose shall be held in the same manner as other 
elections; and if two thirds of the qualified enters at such 
election shall vote in tax or of bonding the county, it then 
becomes the duty of the count)- court to provide for the 
issuance of the bonds. Idle proceeds from the bond sale 
shall be turned into the count)- treasury and kept as the 
"road construction fund," and used for no other purpose. 
These bonds are not to bear a higher rate of interest than 
five per cent, they mature within twenty years from date, 
and the) are exempt from taxation. It becomes the duty 
of the court to lew an annual tax on all taxable property 
sufficient to pay the interest on these bonds as it becomes 
due, and also to pay at least our twentieth of the principal. 
These bonds shall be made payable at any time within 
twenty wars, at the call of the county. They are num- 
bered consecutively, and must be paid in the order of the 
numbers the)- bear. 

It is also the duty of the county court to employ a civil 
engineer to make estimates of the cost of construction, to 
furnish plans and specifications, to make all necessary 
surveys, and to get estimates on the necessary building 
materials. When the engineer presents estimates that are 
acceptable to the court, the latter then advertises for bids 
and lets the contract to the lowest responsible bidder, 
provided the bid is in accordance with the plans and 
specifications. 

This completes our outline of the laws ol the state upon 
the important question of the building and maintenance of 
the highways. Though it is as yet too early to determine 



HO GOVERNMENT OF MISSOURI 

the efficacy of this legislation, still we feel that the move- 
ment for the betterment of the state's highways is destined 
to accomplish important practical results. 



QUESTIONS 

1. Why is the question of good roads an important one ? 

2. What is a poll tax? Look up the amendment adopted in 1900. 
(See Appendix D.) What have been the chief defects in road 
legislation ? 

3. What proof have you that the road question is now attracting 
considerable attention? What was the "war debt"? What is the 
nature of the stamp tax ? Can you mention any other taxes that go 
to the road fund ? 

4. Explain how the "general state road fund" is to be used. 
Should the localities pay half of the expense ? 

5. What are the duties of the state highway engineer ? 

6. What is meant by road dragging? Who has control of the 
county highways ? What powers in regard to roads are possessed by 
incorporated townships ? 

7. How may a new road district be formed ? How may the bound- 
aries of a district be extended ? Who is road overseer in your district? 
What are his duties ? 

8. Under what conditions may the county court issue bonds for 
road construction? What is a bond? How are bonds finally paid? 

9. What are the duties of the county highway engineer ? Look up 
in the newspapers several advertisements for bids. How is it deter- 
mined who shall get the contracts ? 

10. Do you believe that the laws passed by the last legislature will 
result in good highways for the state ? 



CHAPTER XVII 

LAND SURVEYS 

In the original thirteen states of the American Union 
no clear or definite system of land surveys was followed, 
and considerable confusion in titles and boundary lines was 
the natural result. But when the lands between the Ohio, 
the Mississippi, and the Great Lakes were acquired by the 
United States a simple and uniform system of surveys was 
outlined for them in the important Land Ordinance Bill of 
1785. Since that time the same system has been applied 
to all lands belonging to the federal government, which 
have been opened for settlement. Therefore the following- 
description applies to all of the other states from Ohio to 
Oregon as well as it does to the state of Missouri. 

In all land surveys it is evident that there must be some 
starting point. Accordingly the surveyors of the United 
States have designated twenty-four lines running due north 
and south as principal meridians, and these serve as con- 
venient starting points for all surveys in that portion of 
the country from Ohio westward. There are also lines 
running east and west, called parallels, and these serve as 
" base lines" in surveys. Starting from a base line, a sur- 
veyor measures along a principal meridian, marking each 
half-mile point and each mile point, the latter being a sec- 
tion corner. A township corner is established at each six- 
mile point. In the same manner the half-mile, the mile, and 
the six-mile corners are marked on the base lines, beginning 
at the point of intersection with the principal meridian. 



I 12 



GOVERNMENT OF MISSOURI 



The fifth principal meridian begins at the mouth of the 
Arkansas river and extends through Missouri, Iowa, and 
Minnesota. Its base line runs west from the mouth of the 
St. Francis river, passing a little south of Little Rock. 
Missouri, Iowa, that part of Minnesota lying west of the 
Mississippi, and that part of Dakota east of the Missouri, 
are surveyed from this meridian and its base line. 

Taking the principal meridian as a starting point, lines 
running north and south parallel to the meridian and six 
miles apart at the base line are established. These are 
called range lines, and the space between any two of them 
is called a range. Then taking the base line as a starting 
point, lines are run east and west parallel to it and six 
miles apart. The land is therefore laid off into divisions 
six miles square. Such a division, or square, is called a 
congressional township, so named be- 
cause these surveys were made by order 
of Congress. 

The student should bear in mind the 
difference between a congressional town- 
ship and a municipal township, as ex- 
plained elsewhere. Since congressional 
townships are six miles square, each one 
must contain thirty-six square miles. Each square mile is 
called a section and contains 640 acres. A quarter section 
is a half mile square and contains 160 acres. The sections 
of a township are numbered as in Diagram 1. 
By way of illustration we may take section 16 
from Diagram 1 and divide it as in Diagram 2. 



6 


5 


A 


3 


2 


1 


7 


8 


9 


10 


1 1 


1 j 


iS 


17 


[6 


'5 


M 


«3 


19 


20 


21 


22 


2 j 


-1 


i° 


29 


28 


27 


26 


25 


3 1 


3 2 


33 


31 


55 


36 



Diagram 



16 



Diagram 2 



The whole section contains 640 acres, a is a 
quarter section and contains 160 acres. It is described as 
the southeast quarter of section 16. c is described as the 
northeast quarter of the northeast quarter of section 16 



LAND SURVEYS 



113 



and contains 40 acres. On tax receipts c would be de- 
scribed as follows: NE^ of NE^ of Sec. 16. 

We have learned in our geographies that meridians 
are farthest apart at the equator, and that the farther 
north they extend the closer together they come, until 
finally they meet at the north pole. This being true, it 
follows that the line bounding the north side of a congres- 
sional township is slightly shorter than the line bounding 
the south side. A township then is not a perfect square ; 
its east and west sides are equal, but its north and south 
sides are not quite equal in length. In latitude 40 the 



Diagram 3 

boundary line on the south side of a congressional town- 
ship is about three rods longer than the boundary line on 
the north s # ide. While the south line is longer than the 
north line, even the south line is less than six miles unless 
it is the base line. To prevent this narrowing of the 
meridians from destroying the system, the surveyors make 
what they call correction lines. These are made by sur- 
veying from the principal meridian east or west, as the 
case may be, and thus starting a new correction line six 
miles long. Then the township on the north side of this 
correction line is six miles in width at the base, but the 
one on the south is less than six miles. Diagram 3 will 
illustrate these correction lines and the way in which they 
maintain a reasonable uniformity in the system. 



ii4 



GOVERNMENT OF MISSOURI 



Diagram 4 illustrates the principal meridian, base line, 
and township and range lines extending north from the 

base line and east 





s r 


t' 


u' 


orl 
t 


1 
x' 


y' 


z' 




e 
















e' 


d 








0) 

ft 








d' 


West c 








"rt 








c rEast 


b 








ri 








b' 


a 




I 


>ast 




Lb 


e 




a' 



and west 
meridian. 



from the 



U V X 

South 
Diagram 4 



aa' is township one north 

of base line. 
bb' is township two north 

of base line. 
cd is township three north 

of base line. 
dd' is township four north 

of base line. 



ee' is township five north of base line. 
ss' is range four west of fifth principal meridian. 
tf is range three west of fifth principal meridian. 
mu' is range two west of fifth principal meridian. 
7/7/ is range one west of fifth principal meridian. 
xx is range one east of fifth principal meridian. 
yy' is range two east of fifth principal meridian. 
sz' is range three east of fifth principal meridian. 



Suppose we are required to lo- 
cate the NWX of NW^ of NW^ 
of Sec. 22 ; Twp. 3 North ; Range 
2, West ; and tell how many acres it 
contains. In Diagram 5, Range 2 
West is the second tier of town- 
ships west of the principal merid- 
ian. Township 3 North is found in 
the third tier of townships north 
of the base line. Within the town- 
ship thus located section 22 may be easily found 
Diagram 1.) • 









• 
































73, 
































"c3 

a, 














X 


u 


































I 


ase 


Lii 


le 



Diagram 5 



(See 



3±j 

j IC 



LAND SURVEYS 

If Diagram 6 represents Sec. 22; Twp. 3 a zx d 
North ; Range 2 West ; then #, $, <:, a? is the e 
NW^ of Sec. 22 (160 acres); a, e, i, x is the 
NWJ< of NW^ of Sec. 22 (40 acres); a, 0, t, z y 
is the NWJ{ of NW^ of NWJ< of this section diagram 6 
and contains 10 acres. 



QUESTIONS 

1. Why is a uniform system of land surveys necessary ? What 
are meridians ? parallels ? Locate the meridian and " base line " 
(parallel) from which Missouri lands are surveyed. 

2. Explain how the surveyor lays off the sections and the town- 
ships. What is a range line ? 

3. How large is a congressional township ? How many acres in 
a section ? half section ? quarter section ? How are the sections in 
a township numbered? 

4. How are correction lines made ? Why is this necessary ? 

5. Do you fully understand Diagram 4 ? What does it illustrate ? 

6. Draw diagram and locate this piece of land: SE# of SWX 
of NEX of Sec. 23 ; Twp. 8 North ; Range 6 West. Give various 
other examples for the pupils to work out. 

7. What range do you live in ? What township ? What section ? 
Can you draw a diagram to show the exact location of your father's 
farm ? Write this out as it would appear on a tax receipt. 



CHAPTER XVIII 

THE STATE INSTITUTIONS 

There are in Missouri twenty-one institutions owned 
and supported by the state. These institutions are chiefly 
educational, eleemosynary, or penal in character, and may 
well serve to show certain phases of the state's activities. 
The cost of maintaining these various institutions is about 
$4,000,000 for each biennial period. 

EDUCATIONAL 

The State University is at the head of the public school 
system of Missouri. The legislature established the school 
system in 1839 anc ^ at tne same time established the 
University as its head. This institution was located at 
Columbia. In 1840 the corner stone of the main build- 
ing was laid and academic instruction was begun in 1841. 
The legislature gave its first support to the University in 
1868 by making a small appropriation of $10,000. The 
biennial appropriation in 1907 was $750,000. New build- 
ings have been constructed from time to time, the enroll- 
ment has steadily increased, and new departments have 
been added. The University now comprises the following 
departments: (1) graduate department, for college or 
university graduates who wish to do more advanced work ; 
(2) college of arts and sciences, for those who are candi- 
dates for the A.B. degree; (3) teachers' college; (4) 
department of law; (5) department of medicine; (6) 
military department ; (7) college of agriculture and 

116 



THE STATE INSTITUTIONS I 17 

mechanic arts, embracing (a) a school of agriculture, and (b) 
an experiment station ; (8) school of engineering ; and (9) 
school of mines and metallurgy. The University is gov- 
erned by a board of nine curators appointed by the gov- 
ernor for a term of six years. Members of the board 
receive no compensation except their expenses. 

In 1870 the legislature, in accepting the donation of 
land for educational purposes made by act of Congress, 
July 2, 1862, established an agricultural and mechanical 
college and a school of mines and metallurgy. The School 
of Mines and Metallurgy is located at Rolla and was 
opened in 1871. By statute it is made one of the colleges 
or departments of the State University. There are nine 
buildings on the campus. There are four regular courses 
extending through four years, and also several special 
courses. The school is managed by an executive com- 
mittee consisting of three members of the Board of Cura- 
tors of the State University, selected by that body. 

In 1870 the legislature of Missouri divided the state 
into two districts for the purpose of establishing normal 
schools, the counties north of the river constituting the 
first district and those south of the river, with the excep- 
tion of St. Louis county, constituting the second district. 
A third district for southeastern Missouri was established 
by an act of the legislature three years later. In 1905 two 
new normal schools were established, one for northwestern 
and one for southwestern Missouri. These state normal 
schools are located at Kirksville, Warrensburg, Cape Girar- 
deau, Springfield, and Maryville. Each one is managed by 
a board of regents, six in number, appointed by the gov- 
ernor for a term of six years. The state superintendent of 
public schools is ex officio a member of the various boards. 
These schools are supported by state appropriations. 



Ii8 GOVERNMENT OF MISSOURI 

Lincoln Institute, a normal school for negroes, had its 
origin in a fund of $6379 contributed by the sixty-second 
and sixty-fifth regiments of United States colored troops, 
for the purpose of establishing in Missouri a school for 
the colored people. This school was opened in 1866 as 
a private institution. As the legislature could not appro- 
priate state funds for private purposes, the school was 
finally turned over to the state in 1870, in order that reg- 
ular appropriations might be made to it. In addition to the 
usual work of a normal school, this institution has indus- 
trial and agricultural departments. It is managed by a 
board of regents composed of seven white men appointed 
by the governor of the state. 

ELEEMOSYNARY 

i. State Hospital No. 1 is located at Fulton, and was 
the first institution of its kind in the state. It was estab- 
lished in 1847 f° r the care °f the insane. Those inmates 
who are able to work are given duties on the farm or in 
the shops. Thus it is an industrial institution as well as 
a hospital. 

2. State Hospital No. 2, established by the legislature in 
1872, is located at St. Joseph. There are nearly 1200 
inmates at present. This is also an industrial institution 
for those who are able to work. 

3. State Hospital No. 3 is located at Nevada. It was 
established by the legislature in 1887. In addition to the 
usual farm crops, fruit and garden products to the amount 
of $5000 or $6000 annually are grown upon the property 
belonging to the institution. 

4. State Hospital No. 4, located at Farmington, was 
established by the legislature in 1899. It is similar in 
character to the other state hospitals. 



THE STATE INSTITUTIONS 119 

5. The Missouri School for the Blind is located in St. 
Louis. It owes its origin to Mr. E. W. Whelan, in coop- 
eration with the clergy of St. Louis. As a result of their 
efforts the school was established in 185 1. It finally out- 
grew its accommodations, and consequently the legislature 
in 1903 appropriated $30,000 for a site and $120,000 for 
a new building. The legislature in 1905 appropriated 
$166,000 additional for buildings and furnishings. This 
school is said to be one of the finest institutions in the 
country for the education of the blind. 

6. The Federal Soldiers' Home is located at St. James. 
It was founded by the Women's Relief Corps and the Grand 
Army of the Republic in order to provide a home for old 
and dependent federal soldiers. In 1897 the property 
was conveyed to the state of Missouri, and its manage- 
ment vested in a board of five managers serving without 
compensation. 

7. The Confederate Soldiers' Home is located at Hig- 
ginsville. This institution was begun by a company of 
charitable men and women in order to care for dependent 
ex-confederate soldiers, their wives, widows, and orphans. 
By an act of the legislature in 1897 the home was declared 
to be an eleemosynary institution and its support was 
assumed by the state. Both the federal and confederate 
homes have cost the state very little for buildings, these 
having been generally built by private subscription. 

8. The Missouri Colony for the Feeble-minded and Epi- 
leptic is located at Marshall. It was established by act of 
the legislature in 1899. Six cottages have been erected 
and appropriations made for other buildings. 

9. The Missouri School for the Deaf is located at Fulton. 
It was established by the legislature in 185 1. At its open- 
ing there was only one pupil, but at present (1908) there 



120 GOVERNMENT OF MISSOURI 

are about 350 pupils. Various trades, such as cooking, 
printing, gardening, blacksmithing, etc., are taught. Its 
management is in the hands of a board of five members. 

Penal 

1. Of the three penal institutions, by far the largest is 
the State Penitentiary. This institution is located at Jeffer- 
son City. It was established by the legislature in 1833. 
The state's property at the penitentiary is estimated to be 
worth about $2,000,000. The number of convicts is usually 
somewhat over two thousand. By hiring out these convicts 
to various factories, the income of the penitentiary is 
greater each year by several thousand dollars than the 
expense. A board of inspectors composed of the state 
treasurer, state auditor, and attorney-general is required 
to inspect the prison monthly. The governor appoints the 
warden and the physician. All other prison officials and 
employees are appointed by the warden with the consent 
of the prison board. 

2. The Missouri Training School for Boys is located 
at Boonville and was established in 1888. There are 358 
acres of land belonging to the school, and since its begin- 
ning fifteen brick buildings have been erected. Boys who 
are incorrigible are sent here for correction, and there are 
at present about 430 of them in the institution. The gov- 
ernment is vested in a board of managers composed of five 
members, who receive their appointment from the governor. 

3. The State Industrial Home for Girls was located at 
Chillicothe in 1887. The buildings are on the cottage plan, 
and the aim of the institution is practically the same as 
that of the training school for boys. The management is 
vested in a board composed of five members appointed by 
the governor for a term of six years. 



THE STATE INSTITUTIONS 12 1 

Sanitarium 

The Missouri State Sanitarium was established by an 
act of the legislature in 1905. This institution has for 
its object the treatment of cases of tuberculosis in its 
earlier stages. An appropriation of $50,000 was made by 
the legislature which established it, and generous appro- 
priations have since been made. The institution is located 
at Mount Vernon. 

QUESTIONS 

1. Make a list of the state institutions under the following heads: 
(a) educational; (J?) eleemosynary; (c) penal. Is there a state insti- 
tution in your county ? Have you ever visited a state institution ? 

2. What is the purpose and scope of the State University? When 
was it established ? Where is it located ? Give briefly its history. 

3. Locate on the map each of the state normal schools. What is 
the special aim of a normal school ? 

4. Locate on the map the state hospitals. Explain their object 
and character. 

5. Name and locate other important eleemosynary institutions. 

6. Locate each of the penal institutions. Explain the character 
and importance of each. Do you justify the policy of hiring out the 
convicts at the penitentiary ? 

7. What is the general purpose of the new state sanitarium? 
Where is Mount Vernon ? 

8. Do you think the state should establish and maintain all of 
these institutions ? Why ? 



APPENDIX A 

LIST OF IMPORTANT DATES 

1 54 1. Discovery of the Mississippi. 

1673. Expedition of Marquette and Joliet. 

1682. La Salle explores the Mississippi to its mouth. 

1 735 . Ste. Genevieve founded. 

1763. Spanish control of Louisiana west of the Mississippi. 

1764. Founding of St. Louis. 

1800. Louisiana ceded to France again. The census. 

1803. The Louisiana Purchase. 

1805. Organization of the Territory of Louisiana. 

1 810. Settlement of Franklin. 

18 1 2. Organization of the Territory of Missouri. 

18 1 6. Missouri made a territory of the highest class. 

1820. A state constitution adopted. 

182 1. Admission of Missouri as a state. 

1826. Removal of the capital to Jefferson City. 

1 83 1 -1 840. Trouble with the Mormons. 

1836. The Platte Purchase. 

1839. Iowa boundary dispute. State University established. 

1845. Constitutional Convention. 

1 846-1 848. War with Mexico. 

1849. The Jackson Resolutions. 

1850. The first railroad begun. Defeat of Senator Benton. 
1853. Increased support to public school system. 

1 854-1 860. Struggle for Kansas. Border warfare. 
1857. Dred Scott decision. 
1 86 1. Missouri opposed to secession. 
1 861-1865. Civil War in Missouri. 

123 



24 



APPENDIXES 



1865. Abolition of slavery. Adoption of the second state con- 
stitution. 

1870. Overthrow of radical Republican party. End of reconstruc- 
tion. 

1875. Adoption of the present constitution. 



APPENDIX B 



THE GOVERNORS OF MISSOURI 



Alexander McNair . 


. 1820 


Frederick Bates . 


. 1824 


Abraham J. Williams 


. 1825 


John Miller . . . . 


1826- 


John Miller . . . 


1828- 


Daniel Dunklin . 


1832- 


Lilburn W. Boggs 


1836 


Lilburn W. Boggs 


1836- 


Thomas Reynolds . 


1840- 


M. M. Marmaduke . 


1844 


John C. Edwards 


1844- 


Austin A. King . 


1848- 


Sterling Price . 


1853- 


Trusten Polk . 


• 1857 


Hancock Jackson 


1857 



Robert M. Stewart 



Claiborne F. Jackson 



1857- 



1861 



-1824. 

■1825. Died Aug. 1, 1825. 
President of senate, became 
acting governor. 
1828. Chosen at special election. 
1832. 

■1836. Resigned Sept. 20, 1836. 
Lieutenant governor, became 
governor for unexpired term. 
1840. 

-1844. Died Feb. 9, 1844. 
Lieutenant governor, became 
governor for unexpired term. 
1848. 
1853. 
1857. 
Resigned Feb., 1857. 
Lieutenant governor, became 
acting governor. 
■1 86 1. Chosen at the special elec- 
tion. 
The convention superseded him 
and appointed a provisional 
governor. 



THE GOVERNORS OF MISSOURI 



Hamilton R. Gamble . 1861- 
Willard P. Hall . . . 1864- 



[864. Provisional governor un- 
der the convention. 

[865. Provisional governor after 
death of Gamble. 



Thomas C. Fletcher . 


. 1865-1869. 


Joseph C. McClurg . 


. 1869-1871. 


B. Gratz Brown . . 


. 1871-1873. 


Silas Woodson 


. 1873-1875. 


Charles H. Hardin . 


. 1875-1877. 


John S. Phelps . . 


. 1877-1881. 


T. T. Crittenden . . 


. 1881-1885. 


John S. Marmaduke . 


. 1885-1887. Died Dec, 1887. 


Albert P. Morehouse 


1887-1889. Lieutenant governor, be- 




came governor for unexpired 




term. 


David R. Francis 


. 1889-1893. 


William J. Stone . . 


. 1893-1897. 


Lon V. Stephens . 


1897-1901. 


A. M. Dockery . . 


. 1901-1905. 


Joseph W. Folk . . 


. 1905- 



APPENDIX C 

BATTLES OF THE CIVIL WAR IN MISSOURI 

It is impossible to give the entire list of battles and skirmishes 
in Missouri during the Civil War. The following list contains the 
more important ones. 



Potosi, May 14, 1861. 
Boonville, June 17, 1 86 1 . 
Carthage, July 5, 1861. 
Monroe Station, July 10, 1861. 
Overton's Run, July 17, 1861. 
Dug Springs, Aug. 2, 1861. 



Athens, Aug. 5 , 1 86 1 . 
Wilson's Creek, Aug. 10, 1861. 
Moreton, Aug. 20, 1861. 
Bennett's Mill, Sept., 1861. 
Dry wood Creek, Sept. 7, 1861. 
Norfolk, Sept. 10, 1861. 



126 



APPENDIXES 



Lexington, Sept. 12-20, 1861. 
Blue Mills Landing, Sept. 17, 

1S61. 
Glasgow, Sept. 20, 1861. 
Osceola, Sept. 25, 1861. 
Shanghai, Oct. 13, 1861. 
Lebanon, Oct. 13, 1861. 
Big River Bridge, Oct. 15, 1861. 
Linn Creek, Oct. 16, 1861. 
Fredericktown, Oct. 21, 1861. 
Springfield, Oct. 25, 1861. 
Belmont, Nov. 7, 1861. 
Piketon, Nov. 8, 1861. 
Little Blue, Nov. 10, 1861. 
Clark's Station, Nov. n, 1861. 
Mount Zion Church, Dec. 28, 

1861. 
Silver Creek, Jan. 15, 1862. 
New Madrid, Feb. 28, 1862. 
Pea Ridge (Ark.), Mar. 6, 1862. 
Neosho, April 22, 1862. 
Cherry Grove, June, 1862. 
Pierce's Mill, June, 1862. 



Rose Hill, July 10, 1862. 
Florida, July 22, 1862. 
Moore's Mill, July 28, 1862. 
Chariton River, July 30, 1862. 
Kirksville, Aug. 6, 1862. 
Compton's Ferry, Aug. 8, 1862. 
Independence, Aug. 11, 1862. 
Yellow Creek, Aug. 13, 1862. 
Lone Jack, Aug. 16, 1862. 
Newtonia, Sept. 13, 1862. 
Springfield, Jan. 8, 1863. 
Cape Girardeau, April 29, 1863, 
Marshall, Oct. 13, 1863. 
Pilot Knob, Sept., 1864. 
Harrison, Sept., 1864. 
Rocheport, Sept. 23, 1864. 
Centralia, Sept. 27, 1864. 
Prince's Ford, Oct. 5, 1864. 
Moreau River, Oct. 7, 1864. 
Glasgow, Oct. 8, 1864. 
Little Blue Creek, Oct. 20, 

1864. 
Albany, Oct. 27, 1864. 



APPENDIX D 

OUTLINE OF THE CONSTITUTION OF MISSOURI 



PREAMBLE 

"We, the people of Missouri, with profound reverence for the 
Supreme Ruler of the universe, and grateful for his goodness, 
do, for the better government of the state, establish this con- 
stitution." 



OUTLINE OF CONSTITUTION OF MISSOURI 127 

ARTICLE I 

Boundaries 

Section i. The boundaries as established are ratified and con- 
firmed. Concurrent jurisdiction over rivers bordering on the state. 
Free use of all navigable rivers. 

ARTICLE II 
Bill of Rights 

Section i. All political power is vested in and derived from 
the people ; all government is founded upon their will and exists 
solely for their good. 

Section 2. The people of the state have the sole right to regu- 
late their own affairs and alter their form of government. But any 
such change must be in accordance with the Constitution of the 
United States. 

Section 3. Missouri is a free and independent state, subject 
only to the Constitution of the United States. The people will 
never assent to any impairment of this right of self-government. 

Section 4. It is the duty of all constitutional governments to 
promote the general welfare and to guarantee to the people their 
natural right to life, liberty, and property. 

Section 5. Every man has the right to worship God according 
to the dictates of his own conscience. No one is ineligible to 
office on account of his religious opinions, nor is he disqualified 
thereby for service as a juror or as a witness. This liberty of con- 
science, however, does not permit a disregard of the rights of 
others or of the peace and safety of the state. 

Section 6. No person shall be compelled to support any religious 
organization or creed, but all voluntary contracts must be kept. 

Section 7. No public money shall be given to aid or support 
any church or denomination. 

Section 8. No religious corporation shall be established in this 
state, except under a general law and only for the purpose of 
holding the title to church property. 



128 APPENDIXES 

Section 9. There shall be no interference with the free exer- 
cise of the right of suffrage. 

Section 10. The courts shall be open to every person, and 
justice shall be administered without sale, denial, or delay. 

Section i i . People shall be secure in their homes, and free 
from arrest unless on good cause, supported by oath and reduced 
to writing. 

Section 12. No person shall be proceeded against for felony 
otherwise than by indictment or information. Those in military 
service are exceptions to this rule. 

Section 13. Treason is denned and method of conviction out- 
lined. No person shall be attainted of treason or felony by the 
general assembly, and no conviction shall work corruption of 
blood. 

Section 14. Freedom of speech and of the press is guaranteed. 

Section 15. The general assembly shall not pass an ex post 
facto law, nor make any irrevocable grant of special privileges 
or immunities. 

Section i 6. Imprisonment for debt is not allowed except for 
the nonpayment of fines and penalties imposed for violation 
of law. 

Section 17. The right to bear arms in defense of home, per- 
son, and property, or in aid of the civil power, shall not be taken 
away ; but no one shall carry concealed weapons. 

Section 18. Every officer, state or municipal, elected or ap- 
pointed, must give his time to the performance of his duties. 

Section 19. A collector of public money is not eligible to any 
other office until he shall have paid over all the money for which 
he is accountable. 

Section 20. Private property shall not be taken for private or 
public use without the consent of the owner, except in the man- 
ner prescribed by law. 

Section 2 1 . Private property shall not be taken for public use 
without just compensation. This compensation is to be deter- 
mined by a jury or a board of commissioners of not less than 
three freeholders. 



OUTLINE OF CONSTITUTION OF MISSOURI 129 

Section 22. The rights of a person accused of crime are as 
follows : 

(a) to appear in person ; 

(/>) to defense by counsel ; 

(Y) to demand the nature and cause of accusation ; 

(V) to meet witnesses face to face ; 

(e) to compel attendance of witnesses ; 

(/) to have a speedy trial by a jury. 

Section 23. No person shall be compelled to testify against 
himself, nor shall he be tried more than once for the same offense. 

Section 24. All persons shall be bailable except for capital 
offenses where the proof is evident or the presumption great. 

Section 25. Excessive bail, fines, and punishments shall not 
be imposed. 

Section 26. The privilege of the writ of habeas corpus shall 
never be suspended. 

Section 27. The military shall always be subordinate to the 
civil power. Provisions regarding the quartering of soldiers. 

Section 28. The right of trial by jury shall remain inviolate. 
In courts, not of record, juries may consist of less than twelve 
men. A grand jury shall consist of twelve men, any nine of whom 
may find a true bill. 

Section 29. People have the right peaceably to assemble and 
to petition for redress of grievances. 

Section 30. No person shall be deprived of life, liberty, or 
property without due process of law. 

Section 3 1 . There shall be no slavery or involuntary servitude 
except as a punishment for crime for which the party has been 
duly convicted. 

Section 32. This enumeration of rights shall not be construed 
as denying or disparaging other rights retained by the people. 



130 APPENDIXES 

ARTICLE III 
The Distribution of Powers 

The powers of government shall be divided among three distinct 
departments, namely, the legislative, the executive, and the judicial. 

ARTICLE IV 
Legislative Department 

Section i. The legislative department is vested in a senate and 
a house of representatives, together styled The General Assembly 
of the State of Missouri. 

Representation and Apportionment 

Section 2. Choice and apportionment of representatives. See 
Chapter VII for details of this and various other sections. 

Section 3. When a county is entitled to more than one rep- 
resentative the county court shall divide the county into districts. 
When the county is entitled to more than ten representatives the 
circuit court shall divide it into districts. 

Section 4. Qualifications of the members of the house of rep- 
resentatives. 

Section 5. The state shall be divided into convenient sena- 
torial districts. Senators are to be elected for four years. 

Section 6. Qualifications of senators. When a county is entitled 
to more than one senator the circuit court shall divide the county 
into compact and contiguous districts. 

Section 7. The apportionment of representatives and senators 
shall be revised and adjusted every ten years. 

Section 8. Until the apportionment is made the house of repre- 
sentatives shall consist of 143 members, divided among the coun- 
ties as outlined. 

Section 9. Senatorial and representative districts may be 
changed as public convenience may require. When two or more 
counties compose the senatorial district, they shall be contiguous. 



OUTLINE OF CONSTITUTION OF MISSOURI 131 

Section 10. Half the senators are elected every two years. 
Districts having odd numbers are in the first class. Those having 
even numbers are in the second class. 

Section ii. The districts are here outlined until permanent 
divisions are made by the legislature. 

Section 12. No member of the general assembly shall, during 
the term for which he shall have been elected, be appointed to 
any office either state or municipal. 

Section 13. The office of senator or representative is vacated 
by removal from the district. 

Section 14. If vacancies occur in the house or senate, the gov- 
ernor shall call a special election to fill the same. 

Section i 5 . Every senator and representative shall take an oath 

(a) to support the Constitution of the United States, 

(b) to support the constitution of Missouri, 

(c) to perform the duties of the office, and 

(d) to refuse any money or gift for the performance or non- 

performance of the duties of his office, other than the 
compensation allowed by law. 

Section 16. Compensation of the members of the general as- 
sembly. Each member is allowed five dollars per day for seventy 
days and one dollar per day for additional time. In revising ses- 
sions they are allowed five dollars per day for one hundred and 
twenty days. In the regular session allowances are made for trav- 
eling expenses and for postage and stationery. Committees ap- 
pointed to visit state institutions receive their actual expenses in 
addition. 

Section 17. Organization of the house and senate. Each 
house appoints its own officers and makes the rules by which it is 
governed. Each house is the sole judge of the qualifications and 
election of its own members. Each house may punish its own 
members for disorderly conduct, and with the concurrence of two 
thirds of all members elect may expel a member. 

Section 18. A majority of the whole number of members 
elected to each house shall constitute a quorum, but a smaller 



1 32 APPENDIXES 

number may adjourn from day to day and may compel the attend- 
ance of absent members. 

Section 19. The sessions of each house shall be held with open 
doors except in cases which may require secrecy. 

Section 20. The first meeting shall be on the first Wednesday 
after the first day of January, 1877, and the general assembly shall 
meet regularly every two years thereafter. 

Section 21. Adjournment for more than three days has the 
effect of sine die adjournment. 

Section 22. Adjournment for less than three days does not 
interrupt the session. 

Section 23. Neither house shall adjourn for more than two 
days without the consent of the other. 

Legislative Proceedings 

Section 24. The style of the laws of the state shall be : " Be 
it enacted by the General Assembly of the State of Missouri as 
follows." 

Sections 25-42. In these sections the process of lawmaking 
is fully explained. See Chapter VIII. 

Limitations on Legislative Powers 

Section 43. Appropriations must be made in the following 
order : 

(a) interest on the bonded debt ; 
(/;) sinking fund ; 
(V) public school purposes ; 

(d) to pay for the assessment and collection of the revenues ; 

(e) payment of the civil list ; 
(/) eleemosynary institutions ; 

Of) for the pay of the general assembly and for other purposes 
not prohibited by this constitution. 

Section 44. Cases in which the general assembly may contract 
a debt on behalf of the state are as follows : 



OUTLINE OF CONSTITUTION OF MISSOURI 133 

(a) for the renewal of existing bonds when they cannot be paid ; 

(b) to meet an emergency, a sum not to exceed two hundred and 

fifty thousand dollars for any one year may be voted upon 
the recommendation of the governor ; 
(r) when the sum exceeds two hundred and fifty thousand dol- 
lars the bond issue must be submitted to a vote of the 
people, and a two-thirds majority is necessary to carry the 
proposition. 
Section 45. The general assembly shall have no power to give 
or lend the credit of the state to any individual, association, or 
corporation. 

Section 46. The general assembly shall have no power to give 
public money to any individual or corporation except in case of 
public calamity. 

Sections 47-52. The general assembly shall have no power 

(a) to authorize any subdivision of the state to lend its credit 
or grant money to any individual or corporation or become 
a stockholder in any corporation or company ; 

(/>) to grant or authorize any county or municipality to grant 
extra compensation for services already rendered or con- 
tracted for, or to pay or authorize the payment of any claim 
incurred without the express authority of law ; 

(r) to subscribe or authorize the subscription of stock on behalf 
of the state in any corporation or association ; 

(//) to release or alienate the lien held by the state upon any 
railroad or change the tenor thereof ; 

(e) to release or extinguish the indebtedness or obligation of any 
corporation or individual to the state or to any county or 
municipality thereof ; 

(/) to incur any indebtedness for any war claim under the act of 
March 19, 1874, or any similar act, until such claim has 
been paid by the United States to the state of Missouri. 

Sections 53-55. The general assembly shall not pass any local 
or special law upon the subjects outlined, nor in any other case 
without due notice to those concerned. When convened in extra 



134 



APPENDIXES 



session the assembly has no power to act upon subjects other than 
those included in the governor's call or recommended by him in 
a special message. 

Section 56. The general assembly has no power to remove the 
seat of government from Jefferson City. 

ARTICLE V 

Executive Department 

Sections 1-25. The provisions of this article are fully ex- 
plained in Chapter IX. 

ARTICLE VI 

Judicial Department 

Sections 1-44. The organization and work of this department 
are sufficiently explained in Chapter X. 

ARTICLE VII 
Impeachments 

Section i. State officials may be impeached for the following 
reasons : 

(a) high crimes and misdemeanors ; 

(/;) misconduct, habits of drunkenness, or oppression in office. 

Section 2. See Chapter VII for the method of procedure, the 
character of the trial, and the nature of the judgment. 

ARTICLE VIII 
Suffrage and Elections 

Sections 1-12. The contents of this article are given in detail 
in Chapter XIV. 



OUTLINE OF CONSTITUTION OF MISSOURI 135 

ARTICLE IX 
Counties, Cities, and Towns 
Sections 1-19. These sections are explained in Chapters XI 
and XII. 

St. Louis 

Sections 20-25. St. Louis may extend its limits and frame a 
charter for the government of the city thus enlarged. This charter 
may be amended by vote of the people. It must always be in 
harmony with and subject to the constitution and laws of Mis- 
souri. Also the general assembly shall have the same power over 
the city as it has over other cities. 

ARTICLE X 
Revenue and Taxation 
Sections 1-21. This article is explained in Chapter XV. 

ARTICLE XI 
Education 
Sections i-ii. The educational system of the state is ex- 
plained in Chapter XIII. 

ARTICLE XII 
Corporations 

Sections i-ii. After the adoption of this constitution no cor- 
poration shall be created by special laws (sec. 2). The property 
and franchises of incorporated companies are fully subject to the 
rights of eminent domain (sec. 4) and to the police power of the 
state (sec. 5). No corporation shall engage in any business other 
than that expressly authorized in its charter (sec. 7). Regula- 
tions regarding the voting power of stockholders and their liabili- 
ties, and the issuance of stock or bonds (sees. 6, 8, 9, 10). 



36 APPENDIXES 



Railroads 



Section 12. It shall be unlawful for a railroad to charge more 
for a certain distance than is charged for any greater distance. 
But excursion tickets may be issued at special rates. 

Section 13. Any railroad corporation may build a road be- 
tween any points within the state and may connect at the state 
line with the roads of other states. Railroad companies shall re- 
ceive and transport each other's cars, freight, and passengers. 

Section 14. Railroads are hereby declared public highways, 
and railroad companies common carriers. The general assembly 
shall correct abuses and unjust discriminations in rates, and from 
time to time shall establish reasonable maximum rates. 

Section 15. Every railroad company doing business in Mis- 
souri shall maintain an office in the state, where certain records 
regarding its stock and its officers are open to public inspection. 

Section 16. Rolling stock and other movable property shall 
be considered personal property, and as such is liable to execution 
and sale. 

Section 17. The consolidation of parallel or competing lines 
is strictly forbidden. 

Section 18. If railroad companies organized in the state con- 
solidate with companies organized under the laws of any other 
state or of the United States, they do not thereby become foreign 
corporations ; but the state courts retain jurisdiction over them 
as before. In any case consolidation shall take place only after 
public notice of at least sixty days to all stockholders. 

Section 19. The general assembly shall pass no law for the 
benefit of any corporation or association of individuals that is 
retrospective in its operation or that imposes on the people of any 
county or municipality a new liability in respect to transactions 
or considerations already passed. 

Section 20. No law shall be passed granting the right to build 
and operate a street railroad within any city, town, or village, or 
on any public highway, without first gaining the consent of the 
local authorities controlling such street or highway. 



OUTLINE OF CONSTITUTION OF MISSOURI 137 

Section 21. No corporation in existence 'at the time of the 
adoption of this constitution shall have the benefit of any future 
legislation except upon the acceptance of all constitutional provi- 
sions applicable to railroads. 

Section 22. No officer of any railroad company shall be inter- 
ested in furnishing materials or supplies to such company, or in 
the business of transportation over its lines. 

Section 23. There shall be no discrimination as regards rates 
or facilities. 

Section 24. No railroad company shall grant free passes or 
tickets to members of the general assembly, to members of the 
board of equalization, or to any state, county, or municipal offi- 
cers. The acceptance of a pass by a senator or representative 
shall be a forfeiture of his office. 

Banks 

Section 25. No state bank shall be created, nor shall the state 
own or be liable for stock in any banking company or corporation. 

Section 26. No banking corporations shall be created by the 
legislature except banks of deposit or discount, unless such act 
is submitted to the people and approved by them. 

Section 27. It shall be a crime for any officer of a bank to 
receive deposits when he knows that the bank is insolvent. 

ARTICLE XIII 
Militia 

Section i . All able-bodied male inhabitants between the ages 
of eighteen and forty-five, if citizens of the United States, are 
liable to duty in the militia. A person with religious scruples 
against bearing arms may be required to make a payment in lieu 
of such service. 

Section 2. As far as practicable the regulations for the armies 
of the United States shall be followed. 

Section 3. Each company and regiment shall elect its own offi- 
cers ; if they neglect to do so, the governor may appoint them. 



138 APPENDIXES 

Section 4. Volunteer companies may be formed in the way 
prescribed by law. 

Section 5. The governor shall appoint the staff officers. With 
the advice and consent of the senate he also appoints all major 
generals and brigadier generals. 



ARTICLE XIV 

Miscellaneous Provisions 

Section i . The general assembly shall never interfere with the 
primary disposal of the soil by the United States or with regu- 
lations of Congress regarding its ownership. Lands belonging to 
the United States are exempt from taxation. Lands belonging to 
nonresidents shall be taxed at the same rate as lands belonging 
to citizens of the state. 

Section 2. No person shall be prosecuted for an act performed 
by him during the Civil War, if such act was done in pursuance of 
military orders. 

Section 3. No person who shall fight a duel, or act as a second, 
or send a challenge, is permitted to hold any office in the state. 

Section 4. No person holding an office of profit under the 
United States shall hold an office of profit under the state. 

Section 5. Officials shall hold office until their successors are 
duly elected and qualified. 

Section 6. All officers under authority of the state shall take 
an oath to support the Constitution of the United States and of 
the state, and to demean themselves faithfully in office. 

Section 7. The general assembly shall have power to provide 
for the removal from office of county, city, town, and township 
officers for violation or neglect of duty. 

Section 8. The compensation of state, county, and municipal 
officers shall not be increased during their term of office ; nor shall 
their term of office be extended. 

Section 9. The appointment of all officers shall be made in the 
manner prescribed by law. 



OUTLINE OF CONSTITUTION OF MISSOURI 139 

Section 10. The general assembly shall have no power to 
authorize lotteries to do business in this state. 

Section i i. It shall be the duty of grand juries in the various 
counties to investigate the official acts of all officers having charge 
of public funds. 

Section 12. Members of the general assembly shall, in all cases' 
except treason, felony, or breach of the peace, be free from arrest 
during the session of the assembly and for the fifteen days immedi- 
ately preceding and following the session. Also they shall not be 
questioned elsewhere for anything said in the course of debate. 

ARTICLE XV 
Mode of Amending the Constitution 

Section i. The constitution may be amended and revised only 
in the manner outlined in the following sections. 

Section 2. The general assembly may propose amendments 
by a majority vote of the members elected to each house. These 
amendments shall be published in some newspaper in each county 
of the state for four consecutive weeks preceding the election. 
If a majority of the people voting at the next general election 
vote for the amendment, it is adopted and becomes a part of the 
constitution. 

Section 3. The general assembly may authorize a vote of the 
people on the question of calling a constitutional convention. A 
majority of those voting at such election may order the conven- 
tion. The constitution as revised by the convention shall be sub- 
mitted to the people for ratification, and a majority of those voting 
is sufficient to ratify it. 

Schedule 

Sections 1-17. These sections deal with practical details con- 
cerning the adoption of the new constitution and the best means 
of carrying its provisions into effect. They also outline the method 
of making the transition from the old to the new form of govern- 
ment. 



140 APPENDIXES 

AMENDMENTS ADOPTED 

1. 1884. An amendment reorganizing the court of appeals 
in St. Louis for the eastern district of Missouri, and establishing 
a similar court in Kansas City for the western district of Missouri. 

2. 1890. An amendment providing for seven judges of the 
state supreme court instead of four. 

3. 1892. An amendment to Art. IV, Sec. 47, which declares 
definitely the right of cities, towns, or villages, to create a fund 
for the pensioning of firemen or for the relief of their families. 

4. 1900. Levy of fifteen cents on one hundred dollars valu- 
ation for road and bridge purposes. (Repealed after being de- 
clared unconstitutional.) 

5. 1900. In civil and criminal cases in courts not of record a 
jury may consist of less than twelve men, and a two- thirds majority 
of such jury may render a verdict. In courts of record in civil 
cases three fourths of the members of the jury concurring may 
render a verdict. A grand jury shall consist of twelve men, any 
nine of whom concurring may find an indictment or a true bill. 

6. 1900. A person shall not be prosecuted for crime otherwise 
than by indictment or information. The amendment thus legal- 
izes the latter method. 

7. 1900. It is provided that no grand jury shall be convened 
except on the order of a judge of a court having power to try 
felonies. 

8. 1900. The taxing of mortgages and deeds of trust. (Re- 
pealed by constitutional amendment in 1902, after being declared 
unconstitutional by the supreme court.) 

9. 1900. Gives the city of St. Louis the right to issue five 
million dollars' worth of interest-bearing bonds, in aid of the 
Louisiana Purchase Exposition. 

10. 1900. Appropriates one million dollars from the state 
sinking fund for exhibits at the Louisiana Purchase Exposition. 

11. 1902. Repeals Art. X, sections 22-23, concerning taxation. 

12. 1902. Provides for the certificates of indebtedness for the 
public school fund. 



SENATORIAL DISTRICTS 141 

13. 1902. Gives power to the city of St. Louis to levy taxes. 

14. 1902. To amend charters of cities. (St. Louis.) 

15. 1902. To amend the constitution so the cities of St. Louis 
and Kansas City may refund bonds and issue new bonds. 

16. 1902. In cities of one hundred thousand inhabitants or 
more, the annual rate of taxation on property shall not exceed 
sixty cents for school purposes and in other districts forty cents. 

17. 1902. To provide for township organization. 

18. 1902. Cities having not more than three thousand nor less 
than two thousand inhabitants, by a two-thirds vote may construct 
waterworks and electric or other lights by voting a tax not to 
exceed five per cent on the taxable property. 

19. 1906. Amendment allowing counties to vote a bonded 
debt for the purpose of building macadamized roads. 

20. 1906. The sheriff and the coroner are to be elected for 
four years and eligible only four years in any one period. 



APPENDIX E 

SENATORIAL DISTRICTS 

First. The counties of Atchison, Gentry, Nodaway, and Worth. 

Second. The county of Buchanan. 

Third. The counties of Andrew, Clay, Clinton, De Kalb, Holt, 
and Platte. 

Fourth. The counties of Grundy, Harrison, Livingston, Mercer, 
and Putnam. 

Fifth and seventh. The county of Jackson. 

Sixth. The counties of Chariton, Linn, and Sullivan. 

Eighth. The counties of Caldwell, Carroll, Daviess, and Ray. 

Ninth. The counties of Adair, Macon, and Shelby. 

Tenth. The counties of Boone, Callaway, Montgomery, St. 
Charles, and Warren. 

Eleventh. The counties of Audrain, Lincoln, and Pike- 



142 APPENDIXES 

Twelfth. The counties of Clark, Knox, Lewis, Scotland, and 
Schuyler. 

Thirteenth. The counties of Marion, Monroe, Ralls, and Ran- 
dolph. 

Fourteenth. The counties of Camden, Cooper, Howard, Moni- 
teau, and Morgan. 

Fifteenth. The counties of Benton, Hickory, Pettis, and 
Saline. 

Sixteenth. The counties of Bates, Cedar, Henry, and St. Clair. 

Seventeenth. The counties of Cass, Johnson, and Lafayette. 

Eighteenth. The counties of Barry, Lawrence, McDonald, and 
Newton. 

Nineteenth. The counties of Christian, Dallas, Douglas, Ozark, 
Polk, Stone, Taney, and Webster. 

Twentieth. The counties of Barton, Dade, Greene, and Vernon. 

Twenty-first. The counties of Bollinger, Butler, Cape Girar- 
deau, Carter, Dunklin, Ripley, and Wayne. 

Twenty-second. The counties of Howell, Oregon, Shannon, 
Texas, and Wright. 

Twenty-third. The counties of Mississippi, New Madrid, Pemi- 
scot, Scott, and Stoddard. 

Twenty-fourth. The counties of Crawford, Dent, Iron, Phelps, 
Reynolds, and Washington. 

Twenty-fifth. The counties of Franklin, Gasconade, and St. 
Louis. 

Twenty-sixth. The counties of Jefferson, Madison, Perry, St. 
Francois, and Ste. Genevieve. 

Twenty-seventh. The counties of Cole, Laclede, Maries, Miller, 
Osage, and Pulaski. 

Twenty-eighth. The county of Jasper. 

Twenty-ninth, thirtieth, thirty-first, thirty-second, thirty-third, 
and thirty-fourth. The city of St. Louis. 



CONGRESSIONAL DISTRICTS 143 

APPENDIX F 

CONGRESSIONAL DISTRICTS 

First. The counties of Adair, Clark, Knox, Lewis, Macon, 
Marion, Putnam, Schuyler, Scotland, and Shelby. 

Second. The counties of Carroll, Chariton, Grundy, Linn, Liv- 
ingston, Monroe, Randolph, Sullivan. 

Third. The counties of Caldwell, Clay, Clinton, De Kalb, 
Daviess, Gentry, Harrison, Mercer, Ray, Worth. 

Fourth. The counties of Andrew, Atchison, Buchanan, Holt, 
Nodaway, Platte. 

Fifth. The county of Jackson. 

Sixth. The counties of Bates, Cass, Cedar, Dade, Henry, John- 
son, St. Clair. 

Seventh. The counties of Benton, Greene, Hickory, Howard, 
Lafayette, Pettis, Polk, Saline. 

Eighth. The counties of Boone, Camden, Cole, Cooper, Miller, 
Moniteau, Morgan, Osage. 

Ninth. The counties of Audrain, Callaway, Franklin, Gas- 
conade, Lincoln, Montgomery, Pike, Ralls, St. Charles, Warren. 

Tenth. The county of St. Louis, and a portion of the city of 
St. Louis. 

Eleventh. The city of St. Louis. 

Twelfth. The city of St. Louis. 

Thirteenth. The counties of Bollinger, Carter, Iron, Jefferson, 
Madison, Perry, Reynolds, St. Francois, Ste. Genevieve, Washing- 
ton, Wayne. 

Fourteenth. The counties of Butler, Cape Girardeau, Christian, 
Douglas, Dunklin, Howell, Mississippi, New Madrid, Oregon, 
Ozark, Pemiscot, Ripley, Scott, Stoddard, Stone, Taney. 

Fifteenth. The counties of Barry, Barton, Jasper, Lawrence, 
McDonald, Newton, Vernon. 

Sixteenth. The counties of Crawford, Dallas, Dent, Laclede, 
Maries, Phelps, Pulaski, Shannon, Texas, Webster, Wright. 



144 APPENDIXES 

APPENDIX G 

JUDICIAL CIRCUITS 

First. The counties of Clark, Scotland, Knox, and Lewis. 

Second. The counties of Schuyler, Adair, Macon, and Shelby. 

Third. The counties of Mercer, Harrison, Putnam, and Grundy. 

Fourth. The counties of Gentry, Nodaway, Atchison, Worth, 
and Holt. 

Fifth. The counties of Andrew, De Kalb, Clinton, and Platte. 

Sixth. The county of Buchanan. 

Seventh. The counties of Daviess, Caldwell, Ray, Clay, and 
Livingston. 

Eighth. The city of St. Louis. 

Ninth. The counties of Randolph, Howard, Boone, and Calla- 
way. 

Tenth. The counties of Monroe, Marion, Ralls, and Pike. 

Eleventh. The counties of Audrain, Montgomery, Lincoln, 
Warren, and St. Charles. 

Twelfth. The counties of Sullivan, Linn, Chariton, and Carroll. 

Thirteenth. The county of St. Louis. 

Fourteenth. The counties of Cole, Maries, Miller, Morgan, 
Moniteau, and Cooper. 

Fifteenth. The counties of Saline and Lafayette. 

Sixteenth. The county of Jackson. 

Seventeenth. The counties of Cass and Johnson. 

Eighteenth. The counties of Camden, Hickory, Polk, Dallas, 
Webster, and Wright. 

Nineteenth. The counties of Crawford, Phelps, Pulaski, La- 
clede, Texas, and Dent. 

Twentieth. The counties of Shannon, Oregon, Howell, and 
Carter. 

Twenty-first. The counties of Jefferson, Washington, Iron, 
Reynolds, and Wayne. 



JUDICIAL CIRCUITS 145 

Twenty-second. The counties of Stoddard and Dunklin. 

Twenty-third. The county of Greene. 

Twenty-fourth. The counties of Lawrence, Newton, McDonald, 
and Barry. 

Twenty-fifth. The county of Jasper. 

Twenty-sixth. The counties of Vernon, Barton, Cedar, and 
Dade. 

Twenty-seventh. The counties of Ste. Genevieve, Perry, St. 
Francois, Madison, and Bollinger. 

Twenty-eighth. The counties of Cape Girardeau, Scott, Mis- 
sissippi, New Madrid, and Pemiscot. 

Twenty-ninth. The counties of Bates, Benton, Henry, and St. 
Clair. 

Thirtieth. The county of Pettis. 

Thirty-first. The counties of Christian, Douglas, Ozark, Stone, 
and Taney. 

Thirty-second. The counties of Franklin, Gasconade, and Osage. 

Thirty- third. The counties of Butler and Ripley. 



INDEX TO HISTORY OF MISSOURI 



Agriculture, chief industry of state, 

24, 32 ; important products, 32 
" Army of the West," 19 

Barton, David, elected senator, 15 

Benton, Thomas H., elected sena- 
tor, 15 ; gains Platte Purchase for 
Missouri, 16; opposes Jackson 
Resolutions, 21 ; defeated for re- 
election in 1850, 21 

Blair, Frank P., drills Germans of 
St. Louis, 27 ; canvasses state 
against constitution of 1865, 29 

Boggs, Governor, calls out militia 
against Mormons, 18 

Boone, Daniel, settles in Missouri, 
12 

Boone's Lick country, 12 

Boonville, battle of, 27 

" Border Ruffians," 22 

Boundary dispute with Iowa, 18 

Bourgmont builds fort on Missouri, 6 

Brown, B. Gratz, liberal Republican 
candidate in 1870, 29, 30 

Brown, John, notorious in Kansas 
troubles, 22 

Camp Jackson captured, 27 
Capital, state, 16 
Census of 1800, 8 
Civil War in Missouri, 28 
Commerce, centers of, 35 
Company of the West, 6 
Conditional Union men, 27 
Constitutional Convention, of 1S20, 

13; of 1865, 28; of 1875, 30 
Constitutional Unionists, 26 
Convention of 1861, 26-28 
Counties, early, 1 1 
Crevecceur, Fort, built by La Salle, 5 
Cruzat given monopoly of Louisiana 

trade, 6 



Dairy industry, 32 
Debt, railroad, 23 

De Lassus, governor of Louisiana, 8 

De Leon, Ponce, expedition of, 3 

Democratic party, in campaign of 

1S40, 19; divided over Jackson 

Resolutions, 21 ; in campaign of 

i860, 26; regains control of state, 

3° 

De Soto, Hernando, discovers Mis- 
sissippi, 3 ; probably in Missouri, 4 

Doniphan, Colonel, expedition of, 
19, 20 

Douglas, Senator, introduces Kan- 
sas-Nebraska Bill, 21 ; nominated 
by northern Democrats, 26 

Died Scott decision, 23 

Dutisne, expedition of, 5, 6 

Economic development, under Span- 
ish rule, 8 ; before the Civil War, 
24; since the Civil War, 31-37 

Educational progress, 24 

Election, of 1828, 19; of 1840, 19; 
of 1844, 19; of i860, 26; of 1870, 
29, 30 

Far West, founded by Mormons, 18 
Fifteenth amendment, adoption of, 

29 
Franklin, settlement at, 12 
French, in Canada, 4 ; exploration 

and settlement, 4-8 
Fruit growing, in Ozark region, 32 

Guadalupe-Hidalgo, Treaty of, 20 
Guerrilla warfare, 28 

" Hard times " in 1837, 19 
Haughn's Mill, skirmish at, 18 
Hennepin, Father, explores upper 
Mississippi, 5 



147 



148 



INDEX 



Indians, lands purchased from, 16 
Iowa line, 18 

Jackson, Claiborne F., elected gov- 
ernor, 26; establishes Camp Jack- 
son, 27 ; calls legislature together 
at Neosho, 28 

Jackson Resolutions, 20, 21 

" Jayhawkers," 22 

Jefferson City, made capital of state, 
16; captured by Blair and Lyon, 27 

Joliet, with Marquette, explores 
Mississippi, 4 

Kansas, struggle for, 22 

Kansas City, a manufacturing cen- 
ter, 34 ; a center of trade, 35 

Kansas-Nebraska Bill, 21, 22 

Kearney, General, in Mexican War, 
19, 20 

Laclede founds St. Louis, 7 

La Salle, explorations of, 5 ; takes 
possession of Louisiana, 5 ; at- 
tempt to control the Mississippi, 5 

Law, John, undertakes to develop 
Louisiana, 6 

Le Sueur, expedition of, 5 

Linn, Senator, advocates adding 
Platte Purchase to Missouri, 16 

Live-stock industry, 32 

Louisiana, taken possession of by La 
Salle, 5 ; named for Louis XIV, 5 ; 
transferred to Spain, 7 ; restored 
to France, 10; sale of, to United 
States, 10; states formed from, 
10, 11; District of, 11 ; Territory 
of, 11 

Louisiana Purchase, 10 

Lovejoy, E. P., driven from St. 
Louis, 17 

Lyon, Nathaniel, in command at St. 
Louis, 27 ; captures Camp Jack- 
son, 27 ; takes Jefferson City, 27 ; 
fights state troops at Boonville, 
27,28 

Manufacture, facilities for, 34 ; out- 
put in chief industries, 35 

Marquette and Joliet, explorations 
of, 4 



McNair, Alexander, elected gov- 
ernor, 1 5 

Mexican War, Missourians in, 19, 20 

Mineral resources : lead, 33 ; zinc, 33 ; 
coal, ^^, 34 ; other resources, 34 

Missouri, Territory of, 1 1 ; popula- 
tion of, 12, 24, 31 ; struggle over 
admission of, 12, 13; admitted to 
statehood, 13; Platte Purchase 
added to, 16; declares for the 
Union, 27 ; Civil War in, 28 ; 
area of, 31 ; density of population 
in, 31 ; foreign -born element in, 
31 ; rank of, in Union, ^y 

Missouri Compromise, provisions of, 
13; practically repealed, 22; de- 
clared unconstitutional, 23 

Mormons, settle in state, 17; driven 
out, 18 

New Mexico, conquest of, 19, 20; 
title to, passes to United States, 20 

Ordinance of Secession passed, 28 

Peace of Paris, 7 

Platte Purchase, 16 

Population, at close of Spanish 
period, 8; in 1812 and 1821, 12; 
in 1850 and i860, 24; according 
to last census, 31 

Poultry raising, 32, ^2 

Price, Sterling, puts down revolt in 
New Mexico, 20 ; president of 
Convention of 1861, 27 ; in com- 
mand of the state troops, 27 

Public school fund, 24 

Railroads, built before Civil War, 
23, 36; more important lines to- 
day, 36 ; mileage in state, 36 
Renault, begins mining industry, 7 
Republican party, in campaign of 
i860, 26; split in, in 1870, 29; 
loses control of state, 30 

St. Charles, population of, in 1800, 
8 ; the state capital, 15 

St. Louis, founded by Laclede, 7 ; 
population of, in 1800, 8; first 
capital of state, 15 ; controlled by 



INDEX 



149 



Blair and Lyon, 27 ; a manufac- 
turing center, 34; a commercial 
center, 35 

Ste. Genevieve, founding of, 7 ; 
population of, in 1800, 8 

Santa Fe, expedition to, 19 

Slavery, permitted in state, 13 ; sen- 
timent in regard to, 17 ; attitude 
towards extension of, 20, 21 ; 
principle of " squatter sove- 
reignty " applied to, 22 ; attitude 
of parties towards, in i860, 26; 
abolished in Missouri, 28 

Spanish rule, character of, 8 



" Squatter sovereignty," doctrine of, 

22 
State troops organized, 27 

Tallmadge Amendment, 13 
Test oath, 29 
Texas, annexation of, 19 
Transportation, by river systems, 
35 ; by railroad, 36 

University, State, established, 24 

Valle, Francis and Jean Baptist, 
found Ste. Genevieve, 6, 7 



INDEX TO GOVERNMENT OF 
MISSOURI 



Adjournment of legislature, 49 
Agriculture, state board of, 61 
Appeal, right of, 64, 65 
Appellate court, for eastern district, 

66 ; for western district, 66 
Apportionment of representatives, 

46, 47 ; of senators, 48 
Appropriation bills, when effective, 

54 
Assessor, term and duties of, 73 
Attorney-general, office of, 56; duties 

of, 58 
Auditor, office of, 56; powers and 

duties of, 58 
Australian ballot system, 97 

Base line in land surveys, in, 112, 
114 

Bills, legislation by means of, 51; 
numbered in order of introduc- 
tion, 51 ; enacting clause of, 51 ; 
form of, 51, 52; reading of, 51, 
53 ; engrossment and printing of, 
51, 53; amendment of, 53, 54; 
reconsideration of, 53, 54 ; enroll- 
ment of, 54 ; consideration of, by 
governor, 54 ; when effective, 54 

Board of aldermen, 80 

Board of education, state, 60; county, 
75; of equalization: state, 60; 
county, 73; city, 81 ; of agriculture, 

61 ; of dental examiners, 61 ; of 
embalming, 61 ; of health, 61 ; of 
law examiners, 61 ; of osteopathic 
registration, 61 ; of pharmacy, 61 ; 
of mediation and arbitration, 61, 
62 ; of charities and correction, 

62 ; of examiners for barbers, 62 ; 
of immigration, 62. 



Bond, of auditor, 58; of state treas- 
urer, 58 ; release on, 64 

Bonds, issuance of, for school pur- 
poses, 89; for roads, 108, 109 

Booth, description of, 96 

Buchanan county, number of repre- 
sentatives from, 46 

Calendar, legislative, 53 

Certificates, teachers', examination 
required for, 75; duties of com- 
missioner regarding, 75; state, of 
indebtedness, 87, 88 ; teachers, 
necessary to valid contract, 89 ; 
county, three grades of, 90; state, 
two grades of, 90 ; of election, 97 

Change of venue, 65 

Charities and correction, state board 
of, 62 

Chief justice, oath administered by, 
to representatives, 48 ; selection 
of, 66 

Circuit clerk, civil statements filed 
with, 69; duties of, 72, 73 

Circuit courts, legislative districts 
formed by, 47 ; jurisdiction of, 65 ; 
number of, 65 and Appendix F; 
sessions of, 65 

Circuits, judicial, 65 

Cities, classification of, 79, 80; ten 
largest in Missouri, 83 

Citizenship defined, 93 

City council, function of, 80 

City government. See Municipal 
government 

Clerk of county court, election and 
qualifications of, 72 ; duties of, 
72, 97 

Clerks of election, 95-97 



5o 



INDEX 



151 



Collateral inheritance tax, 100 

Collector, county, term and duties 
of, 74 

Colony for Feeble-minded and Epi- 
leptic, 1 19 

Colored children, schools provided 
for, 90 

Columbia, meeting of board of agri- 
culture at, 61 ; library of Histor- 
ical Society kept at, 62 

Commissioner of seat of govern- 
ment, 60 

Committee on engrossed bills, 53 

Committees, appointment of, 49; 
bills referred to, 51, 53 

Common pleas, courts of, jurisdic- 
tion of, 67 ; location of, 67 

Common schools, course of study 
in, 89 

Compensation of representatives, 
47 ; of senators, 48 

Confederate Soldiers' Home, 119 

Consolidated high schools, 89 

Constable, election and duties of, 
67, 96 

Constitution, of 1820, 42 ; proposed, 
of 1845, 4 2 ! °f ^65, 42, 43; of 
1875, 43 and Appendix U; new, 
demand for, 44 

Constitutional convention of 1820,42 

Contract, letting of, 109 

Coroner, duties of, 75, 76 

Correction lines, explanation of, 113 

Counties, number of, 69, 70; size 
and population of, 69 ; relation 
of, to state government, 69; elec- 
tion of officers in, 71 ; officials of, 
, 71-76 

County board of equalization, com- 
position and duties of, 73 

County court, composition of, 71; 
qualification of judges of, 71 ; 
duties of, 47, 71, 95, 108; sessions 
of, 72 

County seat, 70, 71 

Court en banc, 66 

Courts, of justices of peace, 64, 65 ; 
circuit, 65; criminal, 65; appel- 
late, 66 ; of common pleas, 67 

Criminal courts, 65 

Customs duties, 99, 100 



Dairy and food commissioner, state, 

60 
Debt, state, 87, 88 
Debt, war, appropriated for roads, 

105 
Defendant, meaning of term, 64 
Dental examiners, state board of, 61 
Directors, school, organization and 

duties of, 89, 90 
District of Louisiana organized, 41 
Districts, representative, 47 ; sena- 
torial, 48 ; road, how formed, 108 
Dramshops, licenses of, augment 
road fund, 106 

Education, state board of, 60 ; county 
board of, 75 ; importance attached 
to, 85 ; various funds applied to, 
85-88 ; provided for colored chil- 
dren, 90 

Election, annual school, 90 ; of 
President, method of, 94 ; of Vice 
President, 94, 95 ; of United 
States senators, 95 ; of national 
representatives, 95 ; to determine 
bond issue for roads, 108, 109 

Elections, necessity of, 92 ; consti- 
tutional provisions regarding, 92 ; 
qualifications necessary for voting 
in, 92, 93 

Electors, number of, 94 

Embalming, state board of, 61 

Emergency clause, 54 

Enacting clause, 51 

Engrossed bills, committee on, 53 

Engrossment, 53 

Equalization, state board of, 60; 
county board of, 73 ; city board 
of, 81 

Examiner of banks, secretary of 
state performs duties of, 58 

Examiners for barbers, state board 
of, 62 

Excise tax, levy of, 100 

Executive department, 46 ; function 
of, 56 ; officials of, 56-60 ; boards, 
societies, inspectors, connected 
with, 60-62 

Expenses, campaign, statement of, 

97 
Extra session, 49 



152 



INDEX 



Federal Soldiers' Home, 119 

Felony denned, 64 

Fifth principal meridian, location of, 
112; starting point in land sur- 
veys, 112 

Fish commission, 60 

Game and fish warden, 60 

General assembly, composition of, 
46 ; officials of, 48, 49 

General state road fund, 105, 106 

Gerrymander, use of, 48 

Government, powers of, vested in 
three departments, 42, 43, 46 

Governor, bills considered by, 54 ; 
an executive and administrative 
official, 56; qualifications of, 56; 
duties of, 56, 57 

Governorship, succession to, 57 

Grand jury, composition of, 68; 
duties of, 68 

Greene county, number of repre- 
sentatives apportioned to, 46 

Health, state board of, 61 

High schools, consolidated, 89 ; es- 
tablishment of, in cities, 90 ; num- 
ber of, 90 

Highway engineer,state, 1 07; county, 
107 

Highways, public, neglect of, 104; 
defective legislation concerning, 
104; present laws regarding, 105- 
109 

Hospitals, state, 118 

House Bill No. 325, 52 

House of representatives, state, 46- 
48 

Immigration, state board of, 62 
Impeachment, procedure in, 49 ; 

nature of punishment, 49, 50 
Incorporation, plan of, before 1875, 

78; since 1875, 79> 80; method 

of procedure in, 79 
Indiana Territory, jurisdiction of, 

over Louisiana Purchase, 41 
Indictment, meaning of, 68 
Industrial Home for Girls, 120 
Information, right of prosecuting 

attorney to file, 68 



Inspectors, appointment of, by gov- 
ernor, 62 

Institutions, state educational, 116- 
118; eleemosynary, 1 18-120; pe- 
nal, 120; medical, 120 

Insurance commissioner, appoint- 
ment of, 59 ; duties of, 59 

Internal revenue system, 100 

Jackson county, number of repre- 
sentatives apportioned to, 46 ; cir- 
cuit courts in, 65 

Jasper county, number of represent- 
atives apportioned to, 46 

Jefferson City, state capital, 49 ; 
officials reside at, 56 

Judges of election, powers and du- 
ties of, 95-97 

Judicial department, 46; powers of, 
vested in courts, 64 ; various 
courts comprising, 64-67 

Jury trial, right to demand, 64 

Justices of the peace, duties of, 64, 
65 

Kansas City, appellate court at, 66 ; 
under special charter, 78-80 ; rank 
of, 83 

Labor commissioner, 60 

Land, how located and described, 
112-115 

Land Ordinance Bill, 1 1 1 

Law examiners, state board of, 61 

Legislative department, 42, 46 ; com- 
position of, 46; house of represent- 
atives, 46-48 ; senate, 48 ; powers 
and duties of, 48-50 

License, dramshop, part of, goes to 
road fund, 106 

Lieutenant governor, presides over 
senate, 49 ; a state official, 56 ; 
qualifications and duties of, 57 

Lincoln Institute, founding of, 118 ; 
a state institution, 118 

Local government, guaranteed by 
constitution, 69 ; divisions for pur- 
poses of, 69 ; through county and 
township, 70-76; through cities, 
towns, and villages, 78-83 ; influ- 
ence of population on form of, 78 



INDEX 



!53 



Louisiana Purchase, territories 
formed from, 41 ; states formed 
from, 41 

Marshal of supreme court, 68 
Mediation and arbitration, state 

board of, 61, 62 
Misdemeanors, defined, 64 
Missouri, state government organ- 
ized in, 42 ; admitted into the 
Union, 42 
Missouri Compromise, 42 
Missouri Reports, 67 
Motion to reconsider, 53, 54 
Municipal government, importance 
of, 78 ; departments of, 80 ; more 
important officials in, 80, 81 

National guard, composition of, 59 

Oath of office, 47, 48 

Officials, of General Assembly, 48, 

49; of city, 80, 81 
Osteopathic registration, state board 

of, 61 

Penitentiary, state, 120 
Petit jury, function of, 68 
Pharmacy, state board of, 61 
Plaintiff, meaning of term, 64 
Poll tax, levy of, 104, 106, 107 
Precincts, wards divided into, 81 
President, election of, 94 
Principal meridians, ill, 114 
Probate judge, duties of, 72 
Procedure in criminal cases, 68, 69 ; 

in civil cases, 69 
Prosecuting attorney, right of, to 

file informations, 68 ; election of, 

74 ; duties of, 74 
Public administrator, duties of, 72 
Public printing commission, 60 
Public school system, scope of, 85 ; 

funds for maintenance of, 85-88 ; 

outline of, S8-90 

Qualifications, of representatives, 47; 
of senators, 48 ; each house judge 
of, for its own members, 48 

Quarantine, 6 c 

Quarter section, 112 

Quorum, number comprising, 49 



Railroad commissioners, 56; num- 
ber and term of, 59 ; duties of, 59 
Range lines, explanation of, 112, 114 
Ratio of representation, 46 
Recorder, duties of, jt> 
Register of lands, secretary of state 

performs duties of, 5S 
Regular panel, 68 

Representatives, state, number of, 
46 ; apportionment of, 46, 47 ; 
qualifications of, 47 ; compensa- 
tion of, 47; oath of office of, 47, 
48 ; national, election of, 95 
Road and bridge commissioner, 74 
Road construction fund, 109 
Road districts, how formed, 108 
Road dragging, law regarding, 107 
Roads, provisions regarding, under 

township organization, 107 
Rules of procedure, determination 
of, 48 

St. Joseph, classification of, 80; rank 
of, 83 

St. Louis, number of representatives 
apportioned to, 46; circuit courts 
in, 65; appellate court at, 66; un- 
der special charter, 78-80 ; statis- 
tics concerning, 82, 83 ; under the 
Scheme and Charter, 83 

St. Louis county, number of repre- 
sentatives apportioned to, 46 

Saline lands, grant of, for educa- 
tion, 85 

Sanitarium, state, 121 

Scheme and Charter, S3 

School commissioner, election and 
term of, 74, 75 ; qualifications of, 
75 ; duties of, 75 

Schoordistrict, 76; formation of, 
?>d>; annual meeting in, 88; duty 
of, to provide for colored chil- 
dren, 90 

School for the Blind, 1 19 

School for the Deaf, 119, 120 

School fund, state, 85, 86 ; county, 

86 ; tow r nship, 86 ; appropriation 
to, from revenue, 86, 87 ; district, 

87 ; special sources of, Sy, 88 
School of Mines and Metallurgy, 



154 



INDEX 



Schools, for colored children, 90 ; 

normal, establishment of, 117; 

government and support of, 117 
Secondary schools, 90 
Secretary of state, 56; powers and 

duties of, 57, 58 
Section, in, 112; sixteenth, granted 

for school purposes, 86 
Seminary fund, 87 
Senate, state, 46, 48 
Senators, United States, election 

of, 95 
Session of legislature, time of, 49 ; 

revising, compensation during, 47 
Sheriff, duties of, 67-69, 73 ; term 

of, 73 

Sovereignty, state and federal, 44 

Speaker, presiding officer of lower 
house, 49 

Special venire, 68 

Staff officers, appointment of, by 
governor, 59 

Stamp tax, levy of, on futures, 105 

State boards, 61, 62 

State Historical Society, 62 

State Horticultural Society, 62 

States, formation of, from Louisiana 
Purchase, 41 

States rights and federal Constitu- 
tion, 44 

Suffrage, right of, 93 ; restrictions 
upon, 93 

Superintendent of public schools, 
56 ; duties of, 58, 59 ; election of, 
59 ; county, 75 

Supervision of schools, county, adop- 
tion of, 75; number of counties 
under, 75 

Supervisor of building and loan as- 
sociations, 60 

Supreme court, composition of, 66; 
divisions of, 66; powers and duties 
of-, 66, 67 

Surveyor, county, term of, 74 ; duties 
of, 74 



Surveys, land, system of, 11 1 
Swamp lands, grant of, for educa- 
tion, 85 

Tariff, origin and meaning of term, 

99 . 

Taxation, rate of, in cities, 82 ; ne- 
cessity for, 99, 100; national, 99, 
100; state and local, 100; rate 
of, for state purposes, 100, 101 ; 
rate of, in counties, 101 ; general 
principles regarding, 102 

Taxes, delinquent, 74, 101, 102; 
direct and indirect, 99 ; specific 
and ad valorem, 100; excise, 100; 
apportioned to various purposes, 
101 

Territory of Louisiana organized, 

4i 
Territory of Missouri, organization 

of, 41, 42; a territory of third 

class, 42 
Test oath, 43 
Township, a subdivision of county, 

76; congressional, 76, ill, 112; 

municipal, 76 ; incorporated, 76 
Township organization, 76 ; road 

law in counties under, 107 
Training School for Boys, 120 
Treasurer, state, powers and duties 

of, 58 ; county, duties, term, and 

compensation of, 74 

University, State, 85, 87 ; collateral 
inheritance tax goes to, 100; 
founding of, 116; departments 
of, 116, 117; board of curators 
of, 117; School of Mines a de- 
partment of, 117 

Veterinary board, 62 

Vice President, election of, 94, 95 

Voting, system of, described, 95-97 

Wards, subdivision of cities into, 81 



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